408.403 Facility or encroachment upon state
highway or right-of-way for state highway: Authorization required; extent of
authorization.

408.407 Transverse crossing and longitudinal
encroachment of state highway: Requirements.

408.409 Longitudinal installation of
facility upon state highway or right-of-way of state highway; adoption by
reference of publications for placement of facilities; restoration of
appurtenances and natural features.

408.411 Adoption by reference of
publications for construction upon state highway or within right-of-way for
state highway; conditions for approval of longitudinal installation of
facility.

408.4401 Publication of notice of
application: Required under certain circumstances; written responses; copies to
Department.

408.4402 Approval or denial of application;
written notice of reasons for denial; report concerning status of application;
periods for review by Department to assure compliance with applicable
provisions.

NAC 408.010Definitions. (NRS 408.215)As used
in NAC 408.010 to 408.557,
inclusive, unless the context otherwise requires, the words and terms defined
in NAC 408.013 to 408.290,
inclusive, have the meanings ascribed to them in those sections.

(Supplied in codification; A by Dep’t of
Transportation, eff. 1-6-95; R082-01, 11-1-2001)

NAC 408.013“Authorization” defined. (NRS
408.215)“Authorization”
means any written authority granted by the Department to a utility to begin any
phase of a project.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.015“Backfill” defined. (NRS
408.215)“Backfill”
means the material used to replace or the act of replacing material:

1. During construction; or

2. Adjacent to a structure or around and
over a pipe or conduit.

[Dep’t of Highways, Utility Policy Manual part Ch. 3,
eff. 3-19-77]

NAC 408.033“Betterment” defined. (NRS
408.215)“Betterment”
means any improvement of a utility’s facility being adjusted or relocated which
is not attributable to the project of the Department and is made primarily for
the benefit and at the election of the utility or owner.

NAC 408.057“Clear zone” defined. (NRS 408.215)“Clear
zone” means the area of a roadside within the right-of-way of the highway which
must be kept clear of obstructions which are above the ground or mounted on the
ground to allow a person to regain control of a motor vehicle after it leaves
the highway because the person has lost control of the motor vehicle.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.083“Cost of relocation” defined. (NRS
408.215)“Cost
of relocation” has the meaning ascribed to it in NRS 408.407.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.087“Cost of removal” defined. (NRS 408.215)“Cost of
removal” means the money spent to remove a facility, including the cost of
demolishing, dismantling, removing, transporting or otherwise disposing of the
facility and of cleaning the site so as to leave it in a safe, neat, clean and
presentable condition.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.123“Facility” defined. (NRS
408.215)“Facility”
means any property or improvement to the property of a utility which is used to
supply telegraph, telephone, electric power and light, gas, water, sewer or any
other service to members of the public.

NAC 408.177“Indirect costs” defined. (NRS
408.215)“Indirect
costs” means those costs which are not readily identifiable with a specific job
or work order, including indirect labor, social security taxes, insurance,
store’s expenses and general expenses for the maintenance of the office and
support services.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.180“Intersection” defined. (NRS
408.215)“Intersection”
means the crossing of two highways either at a grade or in conjunction with an
interchange.

NAC 408.200“Occupancy permit” defined. (NRS
408.215)“Occupancy
permit” means an agreement in which the director, pursuant to NRS 408.423, authorizes and
approves the use by a utility of a specified portion of a highway or
right-of-way.

[Dep’t of Highways, Utility Policy Manual part Ch. 3,
eff. 3-19-77]

NAC 408.215“Pipe” defined. (NRS
408.215)“Pipe”
means a tubular product made as a production item for sale as such. Cylinders
formed from plate in the course of the fabrication of auxiliary equipment are
not pipe.

[Dep’t of Highways, Utility Policy Manual part Ch. 3,
eff. 3-19-77]

NAC 408.217“Project” defined. (NRS
408.215)“Project”
means any construction or reconstruction of an improvement which is completed
pursuant to the authorization of the Department.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.220“Reconstruction” defined. (NRS 408.215)“Reconstruction”
means the construction of a highway or of its parts to a degree that new or
substantially improved traffic service is provided and significant geometric or
structural improvements are made.

[Dep’t of Highways, Utility Policy Manual part Ch. 3,
eff. 3-19-77]

NAC 408.223“Relocation” defined. (NRS
408.215)“Relocation”
means the adjustment of a utility’s facility to accommodate a project of the
Department. The term includes:

1. The removal and reinstallation of the
facility, including any necessary temporary facilities;

2. The purchase of any necessary
right-of-way for the new location;

3. The moving, rearranging or changing of an
existing facility, including the taking of any necessary safety and protective
measures; and

4. The construction of the most economical
replacement facility which is equal in utility to the existing facility and
necessary for the continuous operation of the utility, the containment of the
costs of a project or the sequence of the construction of the project by the
Department.

1. The money received from the sale of the
property of a utility because of and at the expense of a project; or

2. The value of the recovered material which
is charged to the account of the utility if the material is retained for reuse
or recycling.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.250“Shoulder” defined. (NRS
408.215)“Shoulder”
means the portion of the roadway contiguous with the traveled way for the
accommodation of stopped vehicles, emergency use and the lateral support of the
base and surface.

[Dep’t of Highways, Utility Policy Manual part Ch. 3,
eff. 3-19-77]

NAC 408.265“Traveled way” defined. (NRS
408.215)“Traveled
way” means the portion of the roadway for the movement of vehicles, exclusive
of the shoulders and auxiliary lanes.

NAC 408.303Date for eligibility for reimbursement. (NRS 408.215, 408.407)The date
of an authorization establishes the date on and after which a utility becomes
eligible for reimbursement of the costs incurred pursuant to the authorized
phase of the work described in the authorization.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.307Conditions for use of money received from State or Federal
Government. (NRS 408.215, 408.407)

1. Money which is received from the State or
Federal Government for projects and administered by the Department may be used
to reimburse a utility for the costs of relocating its facility, including any
preliminary engineering services required by the Department’s project, if:

(a) The utility has a right of occupancy in its
existing location because it holds the fee, an easement or any other interest
in real property which is compensable under eminent domain;

(b) The utility occupies publicly owned lands which
have not or will not be purchased by the Department, including public roads or
street rights-of-way, pursuant to an agreement with a city, county or state
agency if money is available for relocation;

(c) The utility is owned by a public agency or
political subdivision of the State and occupies publicly owned land, including
public roads and street rights-of-way, and is not required by state law or
agreement to relocate at its expense if the facility is not located pursuant to
provisions of NRS 408.423;

(d) The utility occupies private property and has a
prescriptive easement for that property;

(e) The utility occupies private property with the
knowledge and consent of the owner of the property pursuant to a license or
other form of consent;

(f) For a project of a local government
administered by the Department for highways which is not owned or maintained by
the Department, any available federal money may be used for the cost of
relocation occupying local streets and roads pursuant to a franchise agreement
or any other agreement between a local government and the utility if:

(1) The agreement specifically provides for
appropriate pro rata participation by any available federal money; and

(2) The utility furnishes to the Department a
copy of its agreement for reimbursement; or

(g) The utility occupies a right-of-way for a state
highway and the occupancy was established pursuant to NRS, a franchise
agreement or other agreement before the highway became a state highway.

2. A utility which claims a right of
occupancy pursuant to:

(a) Paragraph (a) of subsection 1, must submit to
the Department proof of its right of occupancy.

(b) Paragraph (b) of subsection 1, must furnish
proof to the Department of the agreement with a local government to occupy the
publicly owned land.

(c) Paragraph (d) of subsection 1, must submit to
the Department a statement signed by an officer of the utility under penalty of
perjury declaring its prescriptive easement.

(d) Paragraph (e) of subsection 1, must furnish
proof to the Department of the owner’s permission to occupy the privately owned
land.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.309Reimbursement for facility in place when highway became state
highway. (NRS
408.215, 408.407)

1. A utility may be reimbursed for the costs
of relocation if the facility was in place when the highway became a state
highway. The reimbursement must include the costs related to any subsequent
relocation of the facility.

2. The costs related to any addition or
betterment to the facility are not eligible for reimbursement.

3. A claim for reimbursement must include a
statement signed by an officer of the utility under penalty of perjury that the
information set forth in the claim is accurate and complete and:

(a) Proof that the facility was in place on or
before the date the highway became a state highway; or

(b) Proof that the facility was located pursuant to
the provisions of NRS, a franchise agreement or other agreement with the
appropriate city or county before the highway became a state highway and a copy
of that agreement.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.311Restrictions on use of money received from State or Federal
Government. (NRS
408.215, 408.407)Money
received from this state or the Federal Government and administered by the
Department may not be used to reimburse a utility for the costs of relocation
if the utility occupies:

1. A highway or right-of-way for a highway
granted pursuant to an occupancy permit;

3. A highway, street or road pursuant to a
franchise agreement or any other agreement with a local government which
requires the utility to relocate because a project is funded solely with money
received from this state; or

4. A highway, street or road pursuant to a
franchise agreement or any other agreement with a local government and the
local government requires the utility to relocate its facility at the expense
of the utility even though a portion of the project is administered by the
Department.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. If the installation of a utility’s
facility which crosses or otherwise occupies the proposed right-of-way of a
project of the Department has begun or is scheduled to begin before the
right-of-way is purchased or controlled by the Department, each utility shall,
if possible, install the facility to accommodate the schedule of the project in
order to prevent additional adjustment or relocation of the facility.

2. Money which is received from the State or
Federal Government for projects and administered by the Department may be used
for any additional costs incurred by the utility if the costs are:

(a) Solely attributable to, and in accommodation
of, the project; and

(b) Incurred after the utility received
authorization from the Department for the additional work.

1. Preliminary engineering activities
relating to the relocation of a utility’s facility which is eligible for
reimbursement may be carried out by:

(a) The engineers of the utility;

(b) An engineering consultant chosen by the
utility, pursuant to a written contract administered by the utility, if the
utility obtains the prior written approval of the Department;

(c) An engineering consultant, chosen by the
Department, at the request of and in consultation with the utility, if the
Department administers the contract; or

(d) The Department, if the utility requests the
Department to perform the engineering activities and the Department determines
that it can adequately perform the work.

2. If a utility does not have a sufficient
number of qualified employees to carry out the purchase of the right-of-way,
engineering or any other work relating to the relocation of its facility, any
money which is received from this state or the Federal Government for the
project and administered by the Department may be used to reimburse the utility
for the money paid to engineers, architects and any other persons for
engineering and other related services if the money for reimbursement is not
based on a percentage of the cost of the relocation.

3. The utility and its engineering
consultant shall enter into a written contract concerning the services to be
provided and the fees and arrangements for those services. Money received from
this state or the Federal Government for projects may be used to pay the
reasonable costs of those services provided pursuant to a written continuing
contract if the work is performed regularly for the utility.

4. If the utility wishes to obtain the
engineering services pursuant to a written continuing contract, it must first
submit to the Department:

(a) The appropriate justification and information
concerning the fees for those services; and

(b) A copy of the contract.

5. If federal money is available for the
project, the Department will obtain the written approval from the Federal
Highway Administration for any contract which is expected to exceed $25,000.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. Except as otherwise provided in this
subsection, money which is received from the State or Federal Government for
projects and administered by the Department may be used to reimburse a utility
for the costs to purchase a replacement right-of-way for the relocation of its
facility if:

(a) The utility has a right of occupancy in its
existing location which entitles it to receive reimbursement from the
Department for its cost of relocation; and

(b) The purchase of the right-of-way is required to
accommodate a facility which must be relocated because of a highway project.

Ê The money
must not be used for reimbursement if there is a charge to the project for that
portion of the utility’s existing right-of-way which will be transferred to the
Department for establishing a highway.

2. If the utility does not have a sufficient
number of qualified employees to carry out the purchase of a replacement
right-of-way, it may request that the Department purchase the replacement
right-of-way on its behalf if the utility provides the Department with the
requirements for the right-of-way.

3. The Department will, if possible,
purchase the utility’s replacement right-of-way when it purchases its own
right-of-way.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.321Compensation for facility taken out of service. (NRS 408.215, 408.407)If a
utility’s facility is located on a project of the Department, and it is not
necessary to adjust or replace the facility on the project because the facility
will be taken out of service, any taking of or damage to that facility,
including the disposal or removal of that facility from the project, may be
compensated with money which is received from the State or Federal Government
for the projects and administered by the Department. The loss of the remaining
use of the facility or future revenue because of the retirement of the
utility’s facility is not compensable.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.323Completion of relocation of facility. (NRS 408.215, 408.407)The
relocation of the utility’s facility must be completed:

1. If a utility is entitled to reimbursement
for the relocation of a facility on a project of the Department, the utility
and the Department shall enter into a written agreement concerning the
relocation of that facility.

2. The written agreement must:

(a) Describe the project which requires the
relocation of the utility;

(b) Designate the method which will be used to
carry out the relocation of the facility;

(c) Describe the method which will be used to
determine the cost of relocation;

(d) Describe any improvements which the utility
will make to the facility, including any voluntary betterments which are not
required by the project and any extensions of the utility’s facility proposed
by the utility;

(e) Include plans and specifications of the
proposed relocation of the facility, if required;

(f) Include an itemized estimate of the cost of
relocation; and

(g) Include a schedule for the completion of the
relocation of the facility.

(b) Ensure accurate and complete billings of the
reimbursable costs of relocation.

2. If the estimated reimbursable cost of
relocation is:

(a) Not more than $100,000, the Department and the
utility may enter into an agreement for a payment in a lump sum upon the
completion of the work without a verification of the cost by an audit; or

(b) More than $100,000, the cost of relocation
must, if possible, be determined on the basis of direct costs and related
indirect costs accumulated in accordance with an accounting system for work
orders prescribed by the federal or state agency which regulates the utility.

3. If an accounting system for work orders
is not prescribed by a federal or state agency, the Department will review the
accounting system of the utility and, if necessary, assist the utility in
establishing an accounting system for work orders.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.331Separate identification of work in written agreement for
reimbursement: Requirements; exception. (NRS
408.215, 408.407)

1. If the written agreement required by NAC 408.327 includes provisions for:

(a) The relocation of an existing facility of a
utility which is not eligible for reimbursement; or

(b) An extension of a utility’s facility which is
not required by a project of the Department,

Ê the work must
be clearly and separately identified in the agreement. The agreement must
include an estimate of the cost of the work and clearly indicate that the work
will be completed at the utility’s expense.

2. The work which is not eligible for
reimbursement must:

(a) Be identified by a separate work order for the
control of the costs of construction; and

(b) Not be billed to the Department.

3. If the reimbursable and nonreimbursable
existing facilities of a utility are so intermingled on a project as to make
the control of construction costs by separate work orders impracticable, the
utility may, with the prior approval of the Department, calculate its
reimbursement and estimate on a pro rata basis of reimbursable and
nonreimbursable estimated costs. The pro rata percentage derived from the
estimate must be applied to the direct costs and related indirect costs for
preliminary engineering and relocation to determine the reimbursable amount
owed to the utility.

1. Be sufficiently detailed and complete to
enable the Department to analyze the proposed work;

2. Indicate the location, length, size,
type, class and relevant operating conditions and features of design of each
existing facility or proposed temporary or permanent facility, including any
proposed changes, adjustments, relocations, removals and abandonments and all
appropriate nomenclatures, symbols, legends, notes, color-codings and other
identifications used in the plans;

3. Indicate the project, scale of the plan
and the date the plan was prepared, horizontal and, if appropriate, vertical
location of the existing, proposed or temporary facility concerning the
alignment of the project, geometric features, right-of-way, stationing, grades,
structures and other facilities and, if applicable, access control lines;

4. Indicate the limits of the right-of-way
to be purchased from, by or on behalf of the utility, if applicable;

5. Indicate by symbols or notes any work
which will be performed solely at the utility’s expense; and

6. Indicate each facility to be adjusted,
even if reimbursement is not claimed for the facility.

1. The itemized estimate described in
paragraph (f) of subsection 2 of NAC 408.327 must:

(a) Include the estimated costs of:

(1) Labor;

(2) Construction overhead;

(3) Materials;

(4) Supplies;

(5) Handling charges;

(6) Transportation;

(7) Equipment;

(8) Rights-of-way; and

(9) Preliminary and construction engineering.

(b) Separate and identify credits in detail,
including credits for salvage, betterments and accrued depreciation.

(c) Include the major components of materials.

(d) Include the factors relating to construction
overhead.

(e) Include a statement of the utility’s
compensable interests upon which its claim for reimbursement is made.

(f) Include a statement describing the method for
continuing, preserving, relinquishing or extinguishing the occupancy rights of
the utility.

(g) Include a statement that any facility which is
relocated or adjusted within the right-of-way must be relocated or adjusted
pursuant to the provisions of NAC 408.010 to 408.557, inclusive.

2. Unit costs, including average labor rates
and broad gauge units of property, may be used to estimate the cost of
relocation if the utility uses those rates or units in its operations and they
represent direct costs and related indirect costs.

1. Maintain its records and accounts of the
relocation or adjustment of the facility for at least 3 years after it receives
the final payment for its reimbursable costs of relocation from the Department;
and

2. Make those records available, upon
request, for inspection or audit by representatives of the Department or the
Federal Highway Administration.

1. The Department will, for a project
relating to the adjustments of a facility, provide the utility with specific
authorization for each phase of the project. The Department may authorize:

(a) Preliminary engineering services, including
examinations at the site of the project and the preparation of plans, estimates
and proof of reimbursable costs; and

(b) The utility to begin the adjustment or relocation
if a written agreement has been entered into between the Department and the
utility.

2. Any work which a utility performs before
it receives authorization from the Department or which exceeds the scope of the
authorization is not eligible for reimbursement.

3. The Department may issue a written
authorization for specific items, including the relocation of a facility,
except that the costs incurred by the utility must be limited to those
facilities for which the utility establishes proof of compensable interests.

4. The Department may authorize a utility to
begin work on the adjustments before it has entered into an agreement with the
utility if:

(a) The utility has submitted to the Department an
estimate of the cost for the adjustments; and

(b) A written agreement between the Department and
utility is entered into as soon as possible.

5. If a proposed relocation or adjustment
authorized by the agreement is determined to be unfeasible, the Department will
authorize a written change order to the agreement for any change which is
required for the proposed relocation or adjustment. The utility must provide a
written analysis and a revised estimate of the costs and plans to justify the
change order.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.347Use of employees of utility or contractor for adjustment or
relocation of facility. (NRS 408.215, 408.407)

1. Except as otherwise provided in
subsection 2, a utility shall use its employees and equipment to construct the
adjustments or relocation of its facility.

2. If the utility is not able to perform the
work with its employees or equipment at a time which is convenient to and in
coordination with the project, the work may be done:

(a) By the lowest qualified bidder pursuant to a
contract awarded by the Department, if requested by the utility, or a contract
awarded by the utility;

(b) As part of the project administered by the
Department pursuant to an agreement between the utility and the Department; or

(c) By a contractor pursuant to a written contract
between the utility and the contractor if the utility demonstrates to the
Department that it regularly uses that contractor for its work.

1. The utility shall record its cost of
relocation pursuant to a system for work orders approved by the Department
unless another method of developing and recording costs is approved by the
Department.

2. Except for work done pursuant to a
contract, the individual and total cost of relocation must be recorded in the
utility’s accounts. The Department may inspect those accounts to verify that
the costs billed by the utility are adequately supported by the utility’s
financial records in accordance with the approved method for developing those
costs.

3. If the reimbursable cost of relocation is
paid in a lump sum pursuant to an agreement between the utility and the Department,
the lump sum must not exceed the maximum amount eligible for reimbursement by
the Department or Federal Highway Administration.

4. The utility shall cooperate with the
inspector assigned by the Department to the site of the utility’s relocation to
ensure that accurate and complete documentation of the costs of labor,
materials and equipment are recorded.

5. The utility’s system for work orders or
other accounting procedure must indicate:

(a) The nature of each addition to or retirement
from a facility;

(b) The total costs of the facility; and

(c) The source of those costs.

6. As used in this section, “system for work
orders” means a procedure for accumulating and recording into the separate
accounts of a utility all its costs concerning any change in its system or
plant.

1. The salaries and wages and any related
expenses paid by the utility for work performed on the project are
reimbursable, including labor for:

(a) Preliminary engineering services;

(b) Construction engineering;

(c) The purchase of the right-of-way; and

(d) The relocation of the facility.

2. The salaries and wages paid by the
utility must be:

(a) Equal to the rates the utility pays for work
performed on behalf of the utility; and

(b) In accordance with the utility’s contracts.

3. The salaries and expenses of the
supervisors, managers and other necessary employees of the utility may be
reimbursed for time worked directly on the project if the work performed is
essential to the project and could not have been completed as economically by
persons outside the organization.

4. The money paid by the utility to
engineers, right-of-way consultants, appraisers, architects or any other
persons for essential or specialized services directly related to the project
is compensable if those services are provided pursuant to written agreements
approved by the Department.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.353Indirect costs: Distribution and allocation. (NRS 408.215, 408.407)The
distribution and allocation of indirect costs must be made on a uniform basis
which is reasonable, equitable and in accordance with generally accepted
practices of cost accounting.

1. Indirect
costs which are not charged directly to accounts for work orders or
construction accounts may be eligible for reimbursement if they are allocated
equitably to the direct costs of relocation or adjustment. All indirect costs
billed by the utility are eligible for reimbursement by the Department or
Federal Highway Administration if the costs incurred by the utility are
reasonable.

2. The records for indirect costs billed to
the Department must:

(a) Indicate the total amount, rate and basis for
allocation for each additional expense; and

(b) Be maintained and available for inspection by
the Department or Federal Government for 3 years after the Department makes the
final payment for the relocation or adjustment.

3. Indirect costs which are not eligible for
reimbursement include, without limitation, costs relating to:

1. Labor surcharges, including charges for
industrial insurance, insurance for liability and damage to property and
benefits for employees of the utility are compensable.

2. The Department will reimburse labor
surcharges based on the:

(a) Cost to the utility; or

(b) Average rates which are representative of
actual costs, subject to prior approval of the Federal Highway Administration.
Average rates must be adjusted at least annually to reflect known anticipated
changes and to correct for any variance of the applied costs for the preceding
period.

3. If the utility is self-insured, the
Department will reimburse costs for insurance based on experience rates
properly developed from actual costs. The self-insured rates may not exceed the
rates of an insurance company for the class of employment covered.

1. The costs of materials and supplies are
reimbursable. Materials and supplies must be furnished from the utility’s stock,
if available, except that they may be obtained from other sources near the
project if they are available at a lower cost.

2. If the materials and supplies are not
available from the utility’s stock, they may be purchased pursuant to
competitive bids or existing continuing contracts. Small quantities of
materials and supplies and proprietary products used in the utility’s operation
which are necessary for the maintenance of the system’s compatibility may be
excluded from the requirements of this section.

3. The Department will not require a utility
to reduce its standards for materials used for permanent changes to a facility
which are required by a project of the Department.

4. Materials and supplies which are:

(a) Furnished from the utility’s stock must be
billed at the prices for which they were purchased.

(b) Not furnished from the utility’s stock must be
billed according to the cost charged to the utility, including delivery to the
site of the adjustment or relocation.

5. A reasonable cost for inspecting or
testing a plant may be included in the cost of the materials and supplies.

6. The computation of the costs of materials
and supplies must include a deduction for any offered discount, rebate or
allowance.

7. Any sales or excise tax paid by the
utility for its materials and supplies may be reimbursed if payment of the
sales or excise tax is required by law or ordinance.

8. The cost of rehabilitating a utility’s
facility to comply with the requirements of the project are reimbursable if the
cost does not exceed the cost to replace the facility.

1. Materials recovered from temporary use
and accepted for reuse by the utility must be credited to the project at prices
charged to the project, less the loss in service life not to exceed 10 percent
of the prices charged to the project.

2. Materials recovered from a permanent
facility of the utility which are accepted by the utility for return to stock
must be credited to the project at the depreciated stock price for those
materials at the time the materials are returned to stock.

3. Materials recovered which are not
accepted for reuse by the utility, if determined by the Department to have a
net sale value, must be sold to the highest bidder by the Department or the
utility after inspection and solicitation for bids. If the utility conducts the
sale, it must obtain the prior written approval of the Department.

4. The net proceeds from the disposal of
salvaged materials must be credited to the project. If the utility uses a
system of periodic disposal by sale, credit to the project must be at the
prevailing prices as indicated by the records of the utility.

5. If no market exists upon which to base
current stock prices for used specialized equipment or materials, the utility
may dispose of the equipment or materials by direct sale if it demonstrates
that the sale:

(a) Complies with its established practices;

(b) Yields a greater value credit to the project
than would likely be achieved by the disposal at a public auction or through
the solicitation of bids; and

(c) Is an arms-length transaction between
nonaffiliated persons.

6. The money from the sale, less the
expenses of the sale and handling charges, must be credited to the Department.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.367Approval of reimbursement for total cost of removal of facility;
abandonment of facility. (NRS 408.215, 408.407)The
Department may approve reimbursement to the utility for the total cost of the
removal of a utility’s facility if the removal is required by the project or
the existing facility cannot be abandoned in place for aesthetic or safety reasons.
If the utility abandons the facility in place and removes and recovers the
materials, the Department will not reimburse the utility for the costs of
removal which are greater than the salvage value of the materials.

1. The average or actual costs of operation,
minor maintenance and depreciation of equipment owned by the utility are
reimbursable. If equipment which is owned by the utility is not available, the
utility is entitled to receive reimbursement for the money paid to rent the
equipment from the lowest qualified bidder or to obtain the equipment pursuant
to existing continuing contracts at reasonable rates.

2. If the rental of equipment by competitive
bidding or pursuant to a continuing contract is impractical because of the
location or schedule of the project, the utility may obtain the rental
equipment without bidding or a continuing contract if the money paid for the
rental of the equipment does not exceed the prevailing rates for that rental
equipment in the area.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.373Cost for transportation and subsistence of employees; cost for
movement of materials, supplies and equipment. (NRS
408.215, 408.407)

1. The utility’s cost for the transportation
and subsistence of employees which is directly attributable to the project is
reimbursable.

2. The reasonable cost for the movement of
materials, supplies and equipment to the project and the return to storage,
including the cost of loading and unloading the equipment, is reimbursable.

1. The cost of any voluntary betterment to a
facility which is replaced or adjusted and the net salvage value of any
materials recovered must be credited to the project.

2. The accrued depreciation of the
replacement of a utility’s facility including a building, pumping station,
filtration plant, power plant, substation or any other similar operational
unit, must be credited to the project. Credit for accrued depreciation is not
required for the replacement of a part of a utility’s service, distribution or
transmission lines.

3. Credit for a betterment is not required
for an addition or improvement which:

(a) Is required by the project.

(b) Replaces a device or material which equals the
requirements of the device or material which is replaced.

(c) Replaces a device or material which is not
regularly manufactured with a device or material of the next highest grade or
size available.

(d) Is required by law.

(e) Is required by the design practices regularly
used by the utility in its work and which provides a direct benefit to the
project.

4. Credit for accrued depreciation for a
project is not required for an operational unit of a utility, including a
building, pumping station, filtration plant, power plant and substation, which
is rehabilitated or moved to accommodate a project.

5. The allowance of credits required by the
provisions of this section may not exceed the cost of the additions or
improvements required by the project.

6. As used in this section, “accrued
depreciation” means an amount equal to the ratio between the actual length of
service and the total life expectancy applied to the original cost of the
operational unit.

1. After an agreement between the Department
and a utility has been executed and the Department authorizes the utility to
begin work, the utility may be reimbursed by the Department pursuant to
progress billings for the costs the utility incurs. The cost of materials
stored at the site of the project or specifically purchased and delivered to
the utility for use on the project may be reimbursed pursuant to the progress
billings.

2. The utility may provide progress billings
to the Department and shall, at the earliest practicable date, provide a final
and complete billing of all remaining costs incurred or the lump-sum amount
which is due.

3. Each billing must:

(a) Include the number of the agreement; and

(b) Indicate whether it is a progress billing or
final billing.

4. Each billing, except a bill for a
lump-sum amount, must include:

(a) The major components of materials and supplies;

(b) The amount charged for labor by hours, class
and rate; and

(c) The equipment used by hour and rate.

5. The utility shall submit three copies of
each billing to the Department.

6. The Department will, within 60 days after
it receives a final billing from the utility, pay the utility an amount equal
to at least 95 percent of the cost of the relocation. The Department will pay
the utility the remaining amount of the cost of relocation after it has
conducted an audit of the cost of relocation.

7. As used in this section, “progress
billing” means a bill issued by a utility to the Department before a final
billing which sets forth the costs of the work completed by the utility during
a specific period of the relocation of a utility’s facility.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

General Requirements for Design and Location

NAC 408.403Facility or encroachment upon state highway or right-of-way for
state highway: Authorization required; extent of authorization. (NRS 408.215, 408.423)

1. Each facility or encroachment upon a
state highway or right-of-way for a state highway must be authorized pursuant
to a permit to occupy or use the right-of-way unless the occupancy was
established before the highway became a state highway.

2. Except as otherwise provided in NAC 408.442, if the Department does not have a fee
interest in the property upon which the state highway or right-of-way is located,
the owner of the facility or other encroachment upon the state highway or
right-of-way must obtain an occupancy permit and the consent of the owner of
the property upon which the state highway or right-of-way is located.

3. The Department will allow the joint use
of state highways or rights-of-way for state highways if essential service to
the general public is provided and joint use can be accommodated within the
state highway or right-of-way without substantially affecting the operation,
safety, maintenance or aesthetics of the state highway.

4. The Department will perpetuate the
existing rights of a utility which is required to relocate a facility because
or in accommodation of a project of the Department if the utility had a prior
compensable interest in the property.

5. An occupancy permit issued by the
Department authorizes the permittee to occupy the state highway or right-of-way
only to the extent of the interest therein of the State of Nevada and the
Department, and the occupancy permit does not confer upon the permittee any
rights to or interest in the underlying fee or other property interests therein
of another person, if any.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R082-01, 11-1-2001)

1. The Department may allow the transverse
crossing and longitudinal encroachment of a state highway by a line of a
private utility if the length of the crossing or encroachment is less than 1/2
mile (0.8 kilometer). A longitudinal encroachment of a state highway by a line
of a private utility if the length of the crossing or encroachment is more than
1/2 mile (0.8 kilometer) must be proven by the owner of the utility to be in
the public interest. The Department will allow such an encroachment if the
private line provides service to the general public or a significant segment
thereof.

2. The owner of a private utility who wishes
to place a longitudinal encroachment which is more than 1/2-mile (0.8
kilometer) long in the right-of-way of a state highway must file an application
with the Department. The application must include:

(a) The service which will be provided by the
utility;

(b) The specific market or segment of the public
which will be served;

(c) The location or distribution of the segment of
the public which will be served;

(d) The basis for marketing the commodity or
service conveyed; and

(e) Any economic benefits which will accrue to this
state or the residents of this state if the application is approved.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.409Longitudinal installation of facility upon state highway or
right-of-way of state highway; adoption by reference of publications for
placement of facilities; restoration of appurtenances and natural features. (NRS 408.215, 408.423)

1. A longitudinal installation of a
utility’s facility upon a state highway or right-of-way of a state highway must
be made as far from the traveled way as possible.

2. The Department hereby adopts by
reference:

(a) A Guide for Accommodating Utilities Within
Highway Right-of-Way, 1994 edition, and any subsequent edition issued by
the American Association of State Highway and Transportation Officials, which
has been approved by the Department for use in this state. Each new edition
shall be deemed approved by the Department unless the edition is disapproved by
the Department within 60 days after the date of publication by the American
Association of State Highway and Transportation Officials. The Department will
review each edition issued after the 1994 edition to ensure its suitability for
this state. The most recent edition that has been approved by the Department
may be obtained from the Department of Transportation, 1263 South Stewart
Street, Carson City, Nevada 89712, for the price of $6.

(b) The Roadside Design Guide, 1996 edition,
and any subsequent edition issued by the American Association of State Highway
and Transportation Officials, which has been approved by the Department for use
in this state. Each new edition shall be deemed approved by the Department
unless the edition is disapproved by the Department within 60 days after the
date of publication by the American Association of State Highway and
Transportation Officials. The Department will review each edition issued after
the 1996 edition to ensure its suitability for this state. The most recent
edition that has been approved by the Department may be obtained from the
Department of Transportation, 1263 South Stewart Street, Carson City, Nevada
89712, for the price of $55.

3. The Department will use the publications
described in subsection 2 to determine whether the placement of a utility’s
facility which is mounted on the ground or an encroachment which is above the
ground is acceptable or must be altered, or, if it cannot be altered, what
measures must be taken to ensure highway safety.

4. If a utility’s facility or other
authorized encroachment is placed within any state highway, the utility or the
owner of the encroachment shall restore all highway facilities, appurtenances,
natural features and vegetation disturbed in the placement of the encroachment
to a condition which is at least comparable to the condition which existed
before the placement of the encroachment.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.411Adoption by reference of publications for construction upon state
highway or within right-of-way for state highway; conditions for approval of
longitudinal installation of facility. (NRS 408.215, 408.423, 484A.430)

1. The Department hereby adopts by reference
the Manual on Uniform Traffic Control Devices, 1988 edition, and any
subsequent edition issued by the Federal Highway Administration of the United
States Department of Transportation which has been approved by the Department
for use in this state. Each new edition shall be deemed approved by the
Department within 60 days after the date of publication by the Federal Highway
Administration. The Department will review each edition issued after the 1988
edition to ensure its suitability for this state. The most recent edition that
has been approved by the Department may be obtained from the Department of
Transportation, 1263 South Stewart Street, Carson City, Nevada 89712, for the
price of $57.

2. All construction upon a state highway or
within a right-of-way for a state highway must comply with the requirements set
forth in the Manual on Uniform Traffic Control Devices, adopted by
reference pursuant to subsection 1.

3. The Department may approve a longitudinal
installation of a utility’s facility upon the part of a freeway where access is
controlled if:

(a) The placement of the facility outside that part
of the freeway where access is controlled would damage or disrupt wetlands or
remove agricultural lands used for the production of crops, or if no practical
alternative is available and the right-of-way for the highway upon which the
facility is located is not expected to be used for expansion of the highway; or

(b) A private right-of-way is not available or the
cost of construction of a private right-of-way would be prohibitively
expensive.

4. A utility which wishes to make a
longitudinal placement of a facility upon the part of a freeway where access is
controlled must:

(a) Submit a written request and evaluation,
including the alternatives considered and the cost estimate for each
alternative. The estimates must clearly demonstrate that the longitudinal
encroachment is the most practicable and feasible of the available
alternatives.

(b) Demonstrate that the longitudinal encroachment
upon that part of the freeway would:

(1) Benefit the public and the users of the
highway; and

(2) Not adversely affect the use, operation,
maintenance or expansion of the highway.

5. The Department will not approve a
longitudinal placement of a facility upon the part of a freeway where access is
controlled unless the facility will:

(a) Be located at or as near as possible to the
limits of the control and as far from the roadway as practicable;

(b) Not be placed within the clear zone without
taking appropriate measures to protect the users of the highway;

(c) Be constructed and maintained without allowing
access from the main traveled way or connecting ramps of the freeway, if
possible; and

(d) Be constructed and maintained in such a manner
as to reduce significantly the hazard to or provide the maximum safety of the
facility and the users of the highway if the facility fails.

6. The utility must submit to the Department
a plan for controlling traffic which:

(a) Allows access for construction and maintenance
activities; and

(b) Protects the traffic on the freeway during
those construction and maintenance activities.

7. The Department will:

(a) Approve only facilities which require limited
and infrequent maintenance for placement upon the area of a freeway where
access is controlled.

(b) Not approve the placement of any facility from
which service connections will be made except for a facility which is used
exclusively for the highways.

(c) Except for aerial lines for communications, not
approve the longitudinal placement of a facility located above the ground upon
an area of the freeway where access is controlled. Such aerial facilities must
be limited to the construction of a single pole which includes a vertical
arrangement of conductors and cables.

8. As used in this section, “main traveled
way” has the meaning ascribed to it in NAC 408.722.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. Adequate warning signs and devices to
control traffic must be installed along the highway and in the areas where
construction or maintenance of the encroachment is performed in accordance with
the Manual on Uniform Traffic Control Devices, adopted by reference
pursuant to subsection 1 of NAC 408.411.

2. If the flow of traffic will be disrupted
or other conditions at the site require, the utility shall submit a written
plan for controlling traffic to the Department for approval by the district
engineer before any work may begin upon the right-of-way of the highway.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.417Determination of likelihood of accident or injury of facility;
ranking of work concerning improvement of safe operation of facility. (NRS 408.215, 408.423)

1. If the Department or utility determines
that the utility’s facility is likely to be associated with injury or accident
to the users of the highway, as indicated by safety studies or the history of
accidents, the Department will, after consulting with the utility, require it
to make certain changes to reduce the probability of injury or accident. The
changes required by the Department may include changes to the highway or the
utility’s facility.

2. The Department will rank all work
concerning the improvement of the safe operation of a facility in order of
priority in relation to other programs concerning highway safety in such a
manner as to ensure the greatest benefit for the least cost.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.419Conditions for installation of facilities traversing or adjacent
to areas of scenic or natural beauty. (NRS 408.215, 408.423)

1. Except as otherwise provided in
subsection 2, the Department will not approve the installation of a utility’s
facility within the right-of-way of a state highway which traverses or is
adjacent to areas of scenic or natural beauty, including public park and
recreation lands, wildlife and waterfowl refuges, historic sites as described
in 23 U.S.C. § 138, scenic strips, overlooks, rest areas or landscaped areas.

2. The Department may approve the
installation of a utility’s facility within the right-of-way of a state highway
described in subsection 1 if the underground or aerial installations do not
require extensive removal or alteration of trees or terrain features visible to
the users of the highway or impair the aesthetic quality of the area being
traversed.

1. An application for an occupancy permit to
place a facility or other encroachment on a state highway or within a
right-of-way of a state highway must include:

(a) The highway alignment, including the centerline
and right-of-way lines, mileposts and highway engineering stationing in
relation to the proposed facility or other encroachment;

(b) Color coding, with a legend which indicates:

(1) The facility to be installed in red;

(2) The facility to be removed, abandoned or
adjusted in green; and

(3) The location of each existing facility in
blue;

(c) Directional orientation, including arrows
pointing north and tangent bearings which are drawn to engineering or
architectural scale;

(d) The widths, boundaries, property lines and
significant topographic features of the right-of-way of the highway;

(e) Profile or cross-section drawings indicating
the proposed overhead or underground utility or drainage installations in
relation to the highway;

(f) The location of any existing facility if any
change, extension or addition to the existing facility is proposed; and

(g) A map of the area where the proposed facility
or encroachment will be located.

2. The Department will not authorize:

(a) The placement of any encroachment which is not
necessary for the development, use or enjoyment of the property adjacent to the
highway or which is not otherwise clearly in the public interest; or

(b) The placement of a monument within the
right-of-way of a highway at the entrance of a subdivision or other
development.

3. The Department may require a change in the
prior approval of the placement of a facility or other encroachment within a
right-of-way of a state highway if the change is necessary to protect the users
of the highway or the facility. If the Department has issued an occupancy
permit for the facility or encroachment, the required change must be made at
the expense of the owner of the facility or encroachment.

4. A person who is issued an occupancy
permit that authorizes the placement of an encroachment within the right-of-way
of a highway shall obtain the approval required by a local government for the
proposed improvement. If the approval of a local government differs from the
approval granted by the Department, the holder of the permit shall coordinate
the resolution of all differences between the Department and the local
government.

5. As used in this section, “monument” means
an object or structure that identifies or advertises a development or
subdivision.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. An applicant for an occupancy permit must
submit to the Department a report concerning the impact of traffic for all
driveways and street intersections which serve major traffic generators. The
report must be prepared by a professional engineer who is licensed in this
state and possesses experience in transportation planning and traffic
engineering.

2. The report must contain:

(a) The type and extent of the proposed
development, including any planned expansion.

(b) A scaled plan of the site of proposed
development. The plan must:

(1) Indicate the location of streets and
highways adjoining the proposed development including the proposed points of
access from the site to the adjoining streets and highways;

(2) Indicate the location of the proposed
buildings, driveways and parking areas within the development; and

(3) Include a diagram of the proposed pattern
of traffic within the development.

(c) A detailed description of current conditions of
the flow of traffic on the highways and adjoining streets and intersections,
including the existing points of access, patterns of traffic and posted speed
limits for those highways and streets, without a consideration of the
additional traffic that is anticipated to be generated by the proposed
development.

(d) The projected amount of traffic to be generated
by the proposed development, at the completion of the initial development and,
if the development is to be completed in phases, for each year before the
additional phase of development is completed.

(e) An analysis of the impact of traffic on the
existing highways and adjoining areas by the additional traffic anticipated to
be generated by the proposed development, at the completion of the initial
development and, if the development is to be completed in phases, for each year
before the additional phase of development is completed. Any projections for
future conditions must also include increases in traffic expected on the
highways and streets studied separately from traffic attributable to the
development that is the subject of the report.

(f) Recommendations to mitigate any adverse effect
on existing or anticipated future flows of traffic on the highways and streets
assessed which is attributable to the proposed development. Measures to
mitigate anticipated adverse effects may include, without limitation, the:

(1) Installation of traffic signals at key
intersections identified in the report;

(2) Widening of the highways or streets to
accommodate adequately additional volumes of traffic attributable to the
proposed development; and

(3) Construction of street medians or islands
to control the movement of traffic in and around the proposed development.

(g) A detailed description of the:

(1) Methods used to prepare the report;

(2) Source of information used in the report
for existing volumes of traffic and projected future increases in volumes of
traffic; and

(3) Procedures used for an analysis of the
data included in the report.

3. The Department will include in the permit
authorizing access from the state highway to the proposed development, specific
conditions that must be complied with by the developer of the proposed site,
including the installation of improvements to the highway which may include,
without limitation, the recommendations set forth in paragraph (f) of
subsection 2.

4. Additional information concerning the
preparation of reports on the impact of traffic from proposed developments on
existing highways and streets is available at no cost from the Traffic Engineer
of the Department of Transportation, 1263 South Stewart Street, Carson City,
Nevada 89712, or from one of the following district offices of the Department
located at 123 East Washington Avenue (P.O. Box 170), Las Vegas, Nevada 89101,
310 Galletti Way (P.O. Box 930), Reno, Nevada 89504, or 1951 Idaho Street, Elko,
Nevada 89801.

5. As used in this section, “major traffic
generator” means the site of a proposed development with an anticipated volume
of traffic ingressing and egressing the site through a vehicular point of
access:

(a) At a rate of 100 or more vehicles during the
anticipated peak hour of flow of traffic; or

(b) That contributes to areas of traffic congestion
or areas with high rates of accidents.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. Landscaping within a right-of-way of a
highway may be allowed pursuant to the provisions of an occupancy permit if the
permit is submitted only for landscaping or if the landscaping is requested in
connection with the required development of the site, including approaches,
curbs, gutters and sidewalks.

2. Each request for a permit for landscaping
must contain specific plans for the landscaping, including:

(a) The type of plants and the botanical name of
each species;

(b) The type of planters;

(c) The type of system for irrigation; and

(d) The method for grading the landscape.

3. If factors relating to sight distance or
the clear zone are applicable, all plants proposed for use must be approved by
the Department before the permit for landscaping will be issued by the
Department. Solid objects may not be used in landscaping within a clear zone.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. Shelters or benches used by persons
waiting for public buses placed by or pursuant to the authority of a local
government or public transportation authority may be placed within the
right-of-way of a state highway pursuant to an occupancy permit:

(a) Granted for each shelter or bench; or

(b) Which includes the jurisdictional area of the
local government or public transportation authority.

Ê The permit
must be issued to the local government or public transportation authority even
if the shelter or bench is placed and owned by a private contractor or provider.

2. A shelter used by persons waiting for
public buses must:

(a) Except for the support framework and roof, be
constructed of durable and transparent materials;

(b) Not create a safety hazard;

(c) Not obstruct the sight of motorists; or

(d) Not create an unreasonable impediment to
pedestrian traffic.

3. A shelter must not be longer than 18 feet
(5.5 meters) or deeper than 6 feet (1.8 meters).

4. Shelters and benches must be regularly
maintained by the owners of the shelters and benches.

5. Shelters and benches which are financed
or supported by displays for advertising placed thereon or appurtenant thereto
may be allowed if the advertising is not greater than 48 square feet (4.5
square meters) per shelter or 32 square feet (3 square meters) per bench. The
local government or public transportation authority shall ensure that shelters
or benches are placed only to serve the members of the public and that
additional shelters or benches are not placed primarily to accommodate displays
for advertising.

6. A shelter and any appurtenant displays
for advertising may be lighted. Flashing or moving lights are prohibited. The
lighting must not be so bright or misdirected as to blind or distract
motorists. Any appurtenant lighted display for advertising must not be lighted
in greater intensity than other parts of the shelter.

7. Any shelter or bench which does not
comply with the provisions of this section or is otherwise determined by the
district engineer to create a traffic or pedestrian hazard must be corrected or
removed immediately by the holder of the occupancy permit.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. The district engineer may require a
performance or cash bond in an amount equal to 110 percent of the estimate of
the district engineer for the costs of the improvements authorized pursuant to
an occupancy permit to ensure the successful and timely completion of the
improvements.

2. The district engineer shall, in
determining whether a bond is necessary, consider:

(a) The experience of the Department with the
holder of the permit;

(b) The potential disruption to the maintenance or
operation of the highway if the placement of the authorized improvements is
approved; and

(c) The potential for increased hazards to the
users of the highway if the proposed improvement is not placed in a timely
manner or is placed in a manner inconsistent with the provisions of the permit.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.4386“Telecommunications facility” defined. (NRS 408.215, 408.423)“Telecommunications
facility” means any line, fiber, wire, conduit, interduct, access manhole, handhole,
tower, pedestal, pole, box, transmitting equipment, receiving equipment, power
equipment, system or device of a provider of telecommunications or a community
antenna television company that is used to transmit, receive, produce or
distribute a wireless, wireline, electronic or optical signal for
communication.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4388Policy for accommodating facilities along highway rights-of-way. (NRS 408.215, 408.423)It is
the policy of the Department in managing its rights-of-way to accommodate
telecommunications facilities along highway rights-of-way in accordance with
the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161, when
such use and occupancy of the state highway or highway right-of-way do not
adversely impact highway or traffic safety, or otherwise impair unreasonably
the state highway, or its aesthetic quality, and do not conflict with federal,
state and local laws and regulations, including any rights of underlying
property owners that granted easements to the Department.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4391Exemption from certain provisions. (NRS 408.215, 408.423)A
provider of telecommunications or a community antenna television company that
applies for an occupancy permit pursuant to NAC 408.438
to 408.4424, inclusive, is not required to comply
with the provisions of NAC 408.429 to 408.437, inclusive, and 408.527
to 408.557, inclusive.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4392Underground installation required; exception. (NRS 408.215, 408.423)A
telecommunications facility must be installed underground on a state highway or
right-of-way unless the Department determines that an overhead installation is
appropriate. In determining whether to authorize an overhead installation, the
Department will consider public health and safety and the factors set forth in NAC 408.467.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4394Limitation on trenching, plowing or boring; exceptions; no
limitation on number of applications. (NRS 408.215, 408.423)

1. Except as otherwise provided in
subsection 2, to minimize adverse impacts to the state highway or highway
rights-of-way, and related highway facilities and pavement structures, and to
avoid a significant compromise of the safe, efficient and convenient use of the
state highway system for the traveling public, the Department may limit the
number of trenches, plowings or borings in a section of a state highway or
right-of-way for the installation of a telecommunications facility to once
every 5 years.

2. The Department may, at any time, and
shall, once every 18 months, grant an exception to the limitation set forth in
subsection 1 if the trenching, plowing or boring is:

(a) The only practicable method of installing or
constructing the telecommunications facility; and

(b) Required to carry out the obligations of the
provider of telecommunications or community antenna television company to serve
its customers pursuant to federal, state or local law or a franchise agreement
with a local government.

3. In determining whether to grant an
exception pursuant to subsection 2, the Department will, in its management of
rights-of-way, consider:

(a) The feasibility of alternatives to using the
right-of-way;

(b) The type of highway upon which the trenching,
plowing or boring will be performed; and

(c) The effect the proposed trenching, plowing or
boring will have on the state highway or right-of-way and members of the
traveling public.

4. If an exception is granted pursuant to
subsection 2, the provider of telecommunications or community antenna
television company must obtain an occupancy permit from the Department for the
additional trenching, plowing or boring. As a condition of issuing the
occupancy permit, the Department may require the provider or company to
mitigate any effects that the trenching, plowing or boring will cause to the
state highway or right-of-way.

5. The provisions of subsection 1 do not
limit the number of applications for an occupancy permit that a provider of
telecommunications or a community antenna television company may submit to the
Department for the same or a substantially similar section of a state highway
or right-of-way if the trenching, plowing or boring is:

(a) Required because of an emergency; and

(b) Necessary to protect public health and safety.

6. Nothing in this section is intended to
impair any rights which may be afforded to telecommunications carriers under
the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161.

1. Except as otherwise provided in
subsection 2, the minimum depth for the installation of a new direct
telecommunications line or conduit is 36 inches, except that the minimum depth
may be 42 inches if necessary to comply with the design requirements of the
Department. The Department may require a minimum depth of more than 42 inches
if it determines it is necessary for the installation of a telecommunications
line.

2. The Department may allow a minimum depth
of less than 36 inches if the director determines that the installation is
desirable but achieving a depth of 36 inches is not practicable.

2. In addition to the information required
in subsection 1, where required by the particular circumstances, the Department
may require a provider of telecommunications or community antenna television
company that applies for an occupancy permit to provide:

(a) A plan for the drainage of water, including
calculations for the runoff of water for a telecommunications facility that
will affect the right-of-way. The calculations must include peak runoff of
water for existing and proposed development conditions if the use of the land
will be substantially altered. Existing flow patterns at the highway must be
perpetuated, and any changes to the drainage system of the highway proposed by
the provider of telecommunications or community antenna television company must
be supported by drainage calculations. The provider or company shall provide
for the attenuation of peak flows that may have increased because of the
development.

(b) A survey of cultural resources including any
appropriate mitigating action that will be conducted for a telecommunications
facility that will be placed longitudinally within a previously undisturbed
section of the right-of-way or for lateral crossings or approaches requiring
substantial disruption of previously undisturbed sections of the right-of-way.
If a survey of cultural resources is required, a written report of the survey
must be provided.

3. In addition to the requirements set forth
in subsections 1 and 2, as applicable, a provider of telecommunications or a
community antenna television company that installs or constructs a
telecommunications facility on a section of a freeway where access is
controlled shall provide to the Department the information required by
subsections 3, 4 and 5 of NAC 408.411.

4. If approval from a local government is
required for the installation or construction of a telecommunications facility
and evidence of the approval is not submitted to the Department, the Department
may issue an occupancy permit pursuant to this section that is contingent upon
the approval of the local government.

5. If approval from a federal agency or a
state agency other than the Department is required for the installation or
construction of a telecommunications facility and evidence of the approval is
not submitted to the Department, and an occupancy permit may otherwise be
issued by the Department, the Department will issue a notice of intent to issue
the occupancy permit upon the approval of the federal or state agency.

1. Upon receipt of an application for an
occupancy permit, the Department will determine whether the provider of
telecommunications or the community antenna television company will be required
to cause to be published a notice of the application to allow other providers
of telecommunications and community antenna television companies an opportunity
to install telecommunications facilities in the same section of the state
highway or right-of-way.

2. The Department may require such notice
if:

(a) The facility will be located on a section of a
state highway or right-of-way where access is controlled or the facility will
occupy at least 1 mile in length of the state highway or state highway
right-of-way; and

(b) The Department determines that the installation
or construction of a telecommunications facility after the construction or
installation of the facility for which the occupancy permit is requested will
be limited or prohibited because the state highway or right-of-way will not be
able to accommodate the additional facility because of physical limitations,
safety or other factors relating to the state highway or right-of-way.

3. If the Department determines that such
notice is required, the Department will notify the provider of
telecommunications or community antenna television company of that fact in
writing within 15 working days after it receives the application. The provider
or company shall:

(a) Cause the notice to be published at least twice
in two regional newspapers of general circulation in this state. The notice
must include a statement that written responses may be submitted to the
provider or company for a period of not less than 30 days after the notice is
published.

(b) Provide written notice to each:

(1) Community antenna television company that
holds a franchise in the affected area; and

(2) Provider of telecommunication services
included on the Service List for Interconnection Agreements maintained by the
public utilities commission of Nevada or any similar list of providers of
telecommunication services maintained by the Department.

Ê The notice
must include a statement that each such community antenna television company
and provider of telecommunication services may submit written responses to the
provider of telecommunications or community antenna television company applying
for an occupancy permit for a period of not less than 30 days after the notice
is provided.

4. The provider of telecommunications or
community antenna television company shall submit to the Department a copy of
each notice required by subsection 3 and any written responses it received
pursuant to subsection 3.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4402Approval or denial of application; written notice of reasons for
denial; report concerning status of application; periods for review by
Department to assure compliance with applicable provisions. (NRS 408.215, 408.423)

1. Except as otherwise provided in
subsection 2, the Department will approve or deny an application for an
occupancy permit in writing within 90 days after it receives a substantially
completed application. If the Department denies the application for an
occupancy permit, the Department will send a written notice to the provider of
telecommunications or community antenna television company that sets forth the
reasons for the denial.

2. The Department will provide to the
provider of telecommunications or community antenna television company a
written report concerning the status of its application within 45 days after it
receives the application. If the telecommunications facility is a significant
project, the Department will, in lieu of approving or denying the application
within 90 days, provide to the provider or company a written report concerning
the status of its application within 90 days after the Department receives the
application, and include a statement that the Department will require
additional time to complete the review of the application. The Department will
extend the periods for review prescribed by this section if additional
information is required.

3. In determining whether or not to grant an
occupancy permit, the Department will review the application to assure
compliance with all applicable provisions of:

1. Except as otherwise provided in this
subsection, if the Department approves an application for an occupancy permit,
it may require the provider of telecommunications or community antenna
television company to obtain a surety bond in the amount of $100,000. The
Department may require the provider or company to obtain a surety bond of more
than $100,000, but less than $2,000,000, for a telecommunications facility of
significant length.

2. The Department will, in determining
whether a surety bond is required, consider:

(a) The experience of the Department with the
provider of telecommunications or community antenna television company;

(b) The possibility of disrupting the maintenance
and operation of the state highway or right-of-way if the telecommunications
facility is installed;

(c) The potential damage to the highway system; and

(d) The potential increase in hazards to the users
of the state highway or right-of-way if the proposed telecommunications
facility is not installed in a timely manner or is installed in a manner that
does not comply with the requirements set forth in the occupancy permit.

1. The Department may, upon request, issue
an annual occupancy permit to a provider of telecommunications or a community
antenna television company that wishes to install more than one
telecommunications facility or change more than one telecommunications
facility, or any combination thereof, within 1 year if the portion of the
telecommunications facility located on a state highway or right-of-way is less
than one-half mile in length. The Department will not issue an annual occupancy
permit for an interstate highway or highway where access is controlled, or
where the installation or change is one-half mile or more in length.

2. If a provider of telecommunications or a
community antenna television company applies for an annual occupancy permit,
the provider or company must obtain an annual occupancy permit for each highway
district in which the telecommunications facility will be installed or changed.
The provider or company must submit a completed application to the district
office of the Department in each district for which an annual occupancy permit
is requested not later than January 15 of each year. The Department will issue
or renew or refuse to issue or renew an annual occupancy permit not later than
March 15 of each year. An annual occupancy permit is valid until March 15 of
the following year.

3. The district office of the Department may
limit the application of the annual occupancy permit to certain state highways
or rights-of-way or sections of those state highways or rights-of-way.

4. The Department may require the provider
of telecommunications or community antenna television company to obtain a
surety bond in the amount of $200,000 for each annual occupancy permit that is
issued to the provider or company by the Department.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4408Annual occupancy permit: Duties of provider of telecommunications
or community antenna television company; authority of district office; grounds
for revocation. (NRS 408.215, 408.423)

1. If an annual occupancy permit is issued
by the Department pursuant to NAC 408.4406, the
provider of telecommunications or community antenna television company shall:

(a) Notify the district office of the Department
not less than 5 working days before work on the telecommunications facility
begins; and

(b) Submit to the district office of the
Department:

(1) Plans indicating the location of the
telecommunications facility, including the elevation and alignment of the
facility;

(2) A schedule for the completion of the
installation of or change to the telecommunications facility; and

(a) Prohibit or restrict access to a right-of-way
for which an annual occupancy permit has been issued if access to the right-of-way
will prevent, delay or otherwise interfere with a highway project or based on
other relevant factors; and

(b) Limit the hours during which work relating to
the telecommunications facility may be performed where necessary in residential
or commercial areas.

3. A telecommunications facility must be
installed or changed in accordance with the requirements set forth in the
annual occupancy permit and the provisions of NAC
408.438 to 408.4424, inclusive.

4. The Department may revoke an annual
occupancy permit if the provider of telecommunications or community antenna
television company fails to comply with the requirements set forth in the
permit or any provision of NAC 408.438 to 408.4424, inclusive.

1. If a provider of telecommunications or a
community antenna television company wishes to change a telecommunications
facility for which an occupancy permit has been issued by the Department, the
provider or company shall provide to the district office of the Department not
less than 5 working days before work on the facility begins:

(a) A written description of the proposed changes
to the facility;

(b) A written explanation of the manner in which
the changes to the facility relate to the original occupancy permit issued by
the Department;

(c) A plan that indicates the location of and changes
to the facility;

2. If the Department has not issued an
occupancy permit for an existing facility, the provider of telecommunications
or community antenna television company shall provide a copy of the occupancy
permit or franchise agreement issued by a local government, if one is
reasonably available, for the facility.

3. The provider of telecommunications or
community antenna television company must submit the fee required by NAC 408.4422 before beginning work on the facility.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4412Performance of inspections and repairs. (NRS 408.215, 408.423)The
inspection and repair of a telecommunications facility must be performed in
accordance with the provisions of NAC 408.461 and
applicable Department standards, terms and conditions relating to emergencies,
control of access highways, routine inspection and maintenance of underground
utilities, emergency repairs, and routine inspection and maintenance of pole
lines.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4414Occupancy permit: Additional conditions. (NRS 408.215, 408.423)The
Department may, in issuing an occupancy permit, require the provider of
telecommunications or community antenna television company to meet additional
conditions including, but not limited to:

1. Providing for the inspection of the
construction of the facility, by an engineering consultant approved by the
Department or by any other method approved by the Department.

2. Restoring the state highway or
right-of-way a condition which is at least comparable to the condition which
existed before the placement of the telecommunications facility.

3. Installing additional conduits that must
be made available to other providers of telecommunications and community
antenna television companies on a competitively neutral and nondiscriminatory
basis, if physical conditions prevent future installations of conduits. The
conduits remain the property of the provider or company that installed the
conduits.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4416Occupancy permit: Revocable. (NRS 408.215, 408.423)Subject
to the requirements of NAC 408.303 to 408.379, inclusive, occupancy permits for
telecommunications facilities are revocable and the Department assumes no
responsibility for the relocation of a telecommunications facility.

1. A provider of telecommunications or
community antenna television company that is issued an occupancy permit shall
indemnify, defend and hold harmless the State of Nevada, the Department and its
officers, agents and employees from any claims, causes of action and suits at
law or in equity for losses, damages, claims or demands, and from any liability
and expense, including reasonable attorney’s fees, arising out of the use or
occupancy of the state highway or right-of-way by the provider or company,
unless the provider or company establishes that the damage or injury was caused
by the willful misconduct or gross negligence of the State of Nevada, the
Department or its officers, agents or employees.

2. The State of Nevada, the Department and
its officers, agents and employees are not liable for any expense incurred by
the provider of telecommunications or community antenna television company in
its use and occupancy of the state highway or right-of-way.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.442Duties of provider of telecommunications or community antenna
television company if Department does not have fee interest in state highway or
right-of-way. (NRS
408.215, 408.423)

1. Except as otherwise provided in Part 645
of Title 23 of the Code of Federal Regulations, if the Department does not have
a fee interest in a state highway or right-of-way, the Director may not, as a
condition for the issuance of an occupancy permit, require the provider of
telecommunications or community antenna television company to acquire at its
expense all easements, consents or other rights or interests from the owners of
fee interests or other interests for any section of the state highway or right-of-way
if the provider or company provides indemnification to the State of Nevada, the
Department and its officers, agents and employees pursuant to the provisions of
this section.

2. If the Department does not have a fee
interest in a state highway or right-of-way, the provider of telecommunications
or community antenna television company must indemnify, defend and hold
harmless the State of Nevada, the Department and its officers, agents and
employees from any claim, cause of action, liability, loss, damage, cost,
expense or fee that the State of Nevada, the Department or its officers, agents
or employees may be required to pay to any person claiming the fee interest or
other property interest in that state highway or right-of-way, unless the
provider or company establishes that the damage or injury was caused by the
willful misconduct or gross negligence of the State of Nevada, the Department
or its officers, agents or employees. The agreement of indemnification required
pursuant to this subsection must include a provision setting forth:

(a) The obligation of the provider or company to
commence and diligently prosecute an appropriate cause of action or defend any
other cause of action to protect the Department from the immediate or automatic
reversion of any easement or other interest in the state highway or
right-of-way and remove any telecommunications facility from a state highway or
right-of-way if ordered by a court of competent jurisdiction;

(b) The obligation of the provider or company or
its successor in interest whose net assets in this state, as defined according
to generally accepted accounting principles, are less than $20,000,000 to
obtain a surety bond, in an amount determined by the Department based on
reasonable costs related to the removal of the telecommunications facility and
restoration of the state highway or right-of-way and to designate the State of
Nevada, the Department and its officers, agents and employees as beneficiaries
of the surety bond and as parties who may bring an action on the surety bond if
the indemnity of the provider or company is not adequate; and

(c) The obligation of the provider or company to
include in any instrument transferring ownership of a telecommunications
facility, the assumption by the transferee of the indemnity of the provider or
company and, if applicable, the designation of the State of Nevada, the
Department and its officers, agents and employees as beneficiaries of the
surety bond and as parties who may bring an action on the surety bond if the
indemnity of the provider or company is not adequate.

3. If the Department does not have a fee
interest in a state highway or right-of-way and the application for the
occupancy permit does not relate to an existing telecommunications facility,
the provider of telecommunications or community antenna television company
shall provide verification that it has exercised due diligence and an
explanation of the factual or legal basis that supports the right of the
provider or company to occupy the state highway or right-of-way.

1. The Department shall charge and collect
fees for reviewing applications for occupancy permits and inspecting the
installation of telecommunication facilities, intended to cover the costs to
the Department for those activities.

2. A provider of telecommunications or
community antenna television company shall submit:

(a) The nonrefundable portion of the fee required
by subsection 1 when it submits the application for an occupancy permit to the
Department; and

(b) The remainder of the fee required by subsection
1 before the occupancy permit is issued by the Department.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

NAC 408.4424Compliance with Department standards, terms and conditions. (NRS 408.215, 408.423)If the
Department approves an application for an occupancy permit, the utility
provider of telecommunications or community antenna television company must
comply with applicable Department standards, terms and conditions relating to
general provisions for occupancy permits, as well as any specific conditions
required by the Department.

(Added to NAC by Dep’t of Transportation by R082-01,
eff. 11-1-2001)

Underground Installations

NAC 408.447Standards for placement of utilities or pipes under state
highway. (NRS
408.215, 408.423)

1. Utilities or pipes placed under a state
highway must:

(a) Be jacked or otherwise forced underneath the
pavement without disturbing the pavement.

(b) Not be placed inside culverts used for
drainage.

2. Pavement or roadway must not be cut
unless prior approval from the Department is obtained.

3. The district engineer shall authorize
trenching across a paved highway if:

(a) The roadway is scheduled for overlay or
reconstruction within 2 years after the trenching is scheduled to begin;

(b) The roadway is in such poor condition that a
permanent patch of the pavement will not adversely affect the condition of the
surface of the roadway;

(c) The area is so congested with other underground
facilities that boring is impractical; or

(d) The installation has been attempted by jacking
or boring and is impractical because of the conditions below the ground.

4. Except as otherwise authorized by the
Department:

(a) No excavation within the right-of-way of a
highway may be made which is less than 6 feet (1.8 meters) from the edge of the
pavement.

(b) There must be, within the right-of-way of a
highway, at least 36 inches (915 millimeters) of cover over all underground
utilities, pipes or conduits, including at ditch or wash flow lines.

5. Each trench must be filled with granular
backfill or any other material approved by the district engineer to the
elevation of the bottom of the existing base and surfacing or subgrade in
accordance with the requirements set forth in the occupancy permit.

6. As used in this section:

(a) “Base” means the layer of material of a
designated type and thickness which is placed on a subbase or subgrade to
support a surface.

(b) “Culvert” means any structure which is not a bridge
which provides an opening under a roadway.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.449Marking and designation of underground utilities, pipes and
conduits in right-of-way of highway. (NRS 408.215, 408.423)All
installations of underground utilities, pipes and conduits in the right-of-way
of a highway must be marked and designated as set forth in NAC 408.451 and 408.457.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. If an underground facility of a utility
is installed along a highway which does not have curbs and gutters:

(a) A standard utility marker or 4-inch by 4-inch
(100-millimeter by 100-millimeter) timber must be installed and maintained by
the utility outside the ditch line at each location where the facility crosses
the highway. The timber or marker must extend 30 inches (750 millimeters) above
the ground and have painted indelibly thereon the nature of the underground
obstruction and the name or identifying symbol of the owner.

(b) If a facility of a utility is placed
longitudinally along a highway, a standard utility marker or 4-inch by 4-inch
(100-millimeter by 100-millimeter) timber must be placed adjacent to the offset
at such a distance as may be specified by the district engineer and at
intervals of not more than 1,000 feet (305 meters) at each angle point, or, if
nonconcentric with the highway, at least every 300 feet (91.5 meters).

2. All installations described in this
section must be placed or constructed in such a manner as not to create a
hazard to the users of the highway.

3. The provisions of this section do not
apply to installations in incorporated cities if the installation is completed
in accordance with the ordinances or established practices of the incorporated
city.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

(a) Used for the width of the roadway for all pipes
carrying fluid or gaseous substances which cross the highway.

(b) Designed to support the load of the highway and
loads imposed thereon.

(c) At least equal to the structural requirements
for facilities for the drainage of highways.

(d) Composed of material sufficient to withstand
the conditions to which they may be exposed.

2. The district engineer may waive the
requirements of this section if an engineering analysis indicates that casing
is not necessary.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95)

NAC 408.457Copper wire required for facility without component of metallic
construction. (NRS
408.215, 408.423)If the
location of an underground facility is difficult to determine by a visual
inspection and the facility does not have a component of metallic construction,
the facility must be equipped with a copper wire to locate the facility by an
electronic device.

(b) The utility or its contractor does not use any
part of the right-of-way for the installation of the facility, except in the
fenced areas or as otherwise authorized by the district engineer.

(c) Entrance to the borehole or pit area is not
allowed from the traveled portion of the highway.

2. A borehole or pit is not allowed within
the median area of a highway except as authorized by the district engineer.
Extreme care must be used to prevent the impairment of the ground under the
pavement and shoulders of the pavement.

3. Hydraulic or wet boring is prohibited,
except that a small amount of water may be used to cool the boring bit if water
pressure is not used to drill the bore or displace and wash out the material to
be removed.

4. Any void created by boring outside the
casing must be filled with pressure-treated grout.

5. As used in this section, “grout” means a
cement mortar or a slurry of fine sand, bentonite or clay.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. The owner of an underground facility may,
pursuant to a plan for traffic control approved by the district engineer:

(a) Inspect and repair the underground facility,
including manholes, conduits, cables and pipelines;

(b) Open manholes to repair the underground utility
and uncover not more than 50 feet (15 meters) of cables or lines buried in the
ground of the right-of-way of the highway.

2. If a manhole lies within the improved
surface of the highway, the utility shall provide adequate protection of
traffic in accordance with its occupancy permit or, as otherwise required by
the district engineer, for the installation and use of the manhole. An
excavation must not be made in improved surfaces, landscaped areas or less than
6 feet (1.8 meters) from the edge of the pavement without the prior approval of
the district engineer.

3. The utility may make an emergency repair
by excavating through an improved surface if a break in a line, conduit or
cable under the pavement causes a hazard to traffic or a serious interruption
of essential service. The utility shall notify the district engineer of the
emergency within 24 hours after beginning the excavation. Backfilling and the
replacement of the pavement must be performed pursuant to the requirements set
forth in the occupancy permit. Any landscaped area which is disturbed must be
relandscaped.

4. If trenching across the pavement of the
highway is approved, the district engineer may require rotomilling and repaving
with an open-graded course of pavement beyond the trenched area to re-establish
and maintain the quality of the roadway. The district engineer shall determine
the requirements for rotomilling and repaving of the highway.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. Except as otherwise provided in this
section, the owner of a utility facility shall, when it installs aerial
electrical or communication lines, including television cable, ensure that the
clearances and method of construction are in accordance with the rules for the
installation and maintenance of electrical supply and communication lines set
forth in the National Electrical Safety Code, 1997 edition, and any
subsequent edition issued by the Institute of Electrical and Electronics
Engineers which has been approved by the Department for use in this state and
which is hereby adopted by reference. Each new edition shall be deemed approved
by the Department unless the edition is disapproved by the Department within 60
days after the date of publication by the Institute of Electrical and
Electronics Engineers. The Department will review each edition issued after the
1997 edition to ensure its suitability for this state. The most recent edition
may be obtained from the Department of Transportation, 1263 South Stewart
Street, Carson City, Nevada 89712, for the price of $79.

2. An aerial electrical line must not be
placed less than 22 feet (6.7 meters) above the ground. An aerial telephone or
television cable line must not be placed less than 18 feet (5.5 meters) above
the ground.

3. Guy wires must:

(a) Not be attached to trees; and

(b) Be kept at a minimum elevation above the ground
pursuant to the requirements of the National Electrical Safety Code,
adopted by reference pursuant to subsection 1, unless the district engineer
establishes requirements which exceed that code.

4. Aerial crossings must conform to the
requirements of the National Electrical Safety Code, adopted by
reference pursuant to subsection 1.

5. Aerial crossings must be made at or as
near to 90 degrees as possible across the roadway. Poles supporting crossings
must be located outside the clear zone and, if possible, located at or outside
the line of the right-of-way. If a highway is divided, poles must not be placed
within the median strip unless the median strip is at least 80 feet (24.4
meters) wide and the median pole is necessary to support the crossing. If the
poles cannot be located outside the clear zone, appropriate measures must be
taken to protect the users of the highway, including, if possible, the
installation of impact attenuators, breakaway poles or guardrails.

6. Poles used for a longitudinal
installation must be placed outside the clear zone and at or as near to the
right-of-way as possible. If the poles cannot be located outside the clear
zone, appropriate measures must be taken, including, if possible, the
installation of guardrails, impact attenuators or breakaway poles. In those
areas where curbs, gutters and sidewalks have been installed, the poles must be
located behind or at the back edge of the sidewalk, if possible. A pole must
not be located closer than 2 feet (0.6 meter) behind the face of the curb.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. The installation of a privately owned
line or conduit on a state highway or within the right-of-way of a state
highway to drain adjacent wetlands onto the highway or right-of-way is
prohibited.

2. A person who develops property adjacent
to an area for the drainage of a highway shall ensure that the existing flow
patterns are continued. Any proposed change to a drainage system by an
adjoining developer must be supported by calculations for drainage.

3. A plan for drainage and the calculations
relating to the runoff of water must be submitted to the Department for any
development or construction which affects the right-of-way for the highway. The
plan must include calculations for peak runoff for existing and proposed
developments if the use of the land is substantially altered. Each drainage
system must be constructed pursuant to the requirements set forth in the
operating permit.

4. The Department may authorize an
improvement of its drainage structures to provide for increased flows if there
is no adverse effect on any property located downstream.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. The owner of property which is adjacent
to a highway shall, if constructing asphalt approaches, place the paving at
least 25 feet (7.6 meters) from the edge of the existing pavement or to the
edge of the right-of-way if there is less than 25 feet (7.6 meters) available.
The type of paving must be approved by the district engineer.

2. Except as otherwise authorized by the
district engineer, driveways, approaches and intersections of streets must be
constructed pursuant to the requirements set forth in the occupancy permit.

3. If an approach adjoins existing roadway
paving, the roadway paving must be saw cut in a neat straight line the entire
length of the approach, including any required taper lengths. The width of the
saw cut must be at least 1 foot (300 millimeters) or as otherwise specified by
the district engineer.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

(a) The development which is served by the access
generates 100 or more left-turn movements at the peak hour;

(b) It is proposed by a traffic impact study; or

(c) It is required because of the physical
conditions necessary to maintain safety on the highway.

2. One foot (300 millimeters) of the
pavement edge must be saw cut and removed within the limits of the widening of
the pavement.

3. The representative of the owner shall
conduct tests for compaction in the manner prescribed by the district engineer.

4. The improvement of the gravel and
pavement must comply with the plans or additional terms and conditions set
forth in the occupancy permit.

5. Permanent signals for traffic must be
installed if the signals are required by a traffic analysis prepared by an
engineer selected by the owner and approved by the district engineer.

6. As used in this section, “compaction”
means the forcing or compressing together of particles of soil by a mechanical
device to increase the density of the materials used so as to comply with the
requirements set forth in the occupancy permit.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

NAC 408.537Requirements for construction of curbs and gutters in
right-of-way of highway. (NRS 408.215, 408.423)

1. Curbs and gutters which are placed within
the right-of-way of a highway must be constructed in accordance with the
requirements set forth in the occupancy permit.

2. Except as otherwise authorized by the
district engineer, each sidewalk must be at least 4 inches (100 millimeters)
deep and constructed pursuant to the requirements:

(a) Adopted by the local government where the
construction is located; and

(b) Set forth in the occupancy permit.

3. Except as otherwise authorized by the
district engineer, a ramp for wheelchairs must be constructed on all curb and
gutter radii on streets and approaches and constructed pursuant to the
requirements:

(a) Adopted by the local government where the
construction is performed;

(b) Set forth in the occupancy permit; and

(c) Set forth in Appendix A of 28 C.F.R. Part 36.

4. If the opposing existing curb and gutter
radii do not have ramps for wheelchairs, the developer shall reconstruct the
existing curb and gutter radii with ramps for wheelchairs.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. The Department may authorize the
installation of a mailbox or delivery box for newspapers on certain residential
streets or rural roads if it determines that it is in the public interest to
authorize lesser clearances or to require greater clearances.

2. If a residential street has curbs, the
roadside face of the mailbox or delivery box must be set back not less than 6
inches (150 millimeters) or more than 12 inches (300 millimeters) from the face
of the curb. If a residential street does not have curbs or all-weather
shoulders and carries a low volume of traffic operating at low speeds, the
roadside face of a mailbox or delivery box must be set back not less than 8
inches (200 millimeters) or more than 12 inches (300 millimeters) from the edge
of the pavement.

3. The Department will not approve the
installation of a mailbox or delivery box which is less than 2 feet, 8 inches
(800 millimeters) or more than 6 feet, 8 inches (2 meters) from the edge of the
pavement on a rural road which has little traffic operating at low speeds.

4. If a mailbox is located at the entrance
of a driveway, it must be placed on the far side of the driveway in the
direction of the delivery route.

5. If a mailbox or delivery box for
newspapers is located at an intersecting road whose average daily traffic:

(a) Is 400 vehicles or less, the mailbox or
delivery box must be located at least 100 feet (30.5 meters); or

(b) Is more than 400 vehicles, the mailbox or
delivery box must be located at least 200 feet (61 meters),

Ê beyond the
center of the intersecting road in the direction of the delivery route.

6. A mailbox must be made of light sheet
metal or plastic construction which conforms to the requirements of the United
States Postal Service. A delivery box for newspapers must be made of light
sheet metal or plastic which is suitable for holding a newspaper.

7. Not more than two mailboxes may be
mounted on a structure unless the structure is installed pursuant to the requirements
set forth in subsection 14. A delivery box for newspapers may be mounted below
the mailbox on the side of the support for the mailbox.

8. A support for a mailbox must not be set
in concrete unless the support is installed pursuant to the requirements set
forth in subsection 14.

9. A 4-inch by 4-inch (100-millimeter by
100-millimeter) wood post or a steel pipe of standard strength which is 2
inches (50 millimeters) in diameter and embedded not more than 24 inches (600
millimeters) into the ground will be acceptable as a support for a mailbox. A
metal post must not be fitted with an anchor plate, except that it may have a
device to prevent twisting and which extends not more than 10 inches (250
millimeters) below the ground.

10. The mailbox or delivery box for
newspapers must be securely attached to the structure for support in such a
manner as to ensure that the mailbox or delivery box will not separate from the
top of the structure if it is struck by a motor vehicle.

11. The space between the centers of the
support posts must be at least 3/4 of the height of the posts above the ground.

12. Designs for supports for mailboxes which
are not described in this section may not be used unless approved by the
district engineer.

13. A postal patron shall notify the
Department of any new or existing installation of a mailbox or delivery box if
the shoulder of the pavement is inadequate to allow access to the mailbox or
delivery box for newspapers for motor vehicles in all conditions of weather. If
widening of the shoulder of the pavement is required, the postal patron shall
apply to the Department for an occupancy permit.

14. The Department will authorize the
installation of a unit for the residential delivery of mail or boxes for the
delivery of newspapers installed by the United States Postal Service within a
right-of-way of a state highway pursuant to an occupancy permit if that
installation complies with the requirements set forth in the Guide For
Erecting Mailboxes on Highways, 1994 edition, and any subsequent edition
issued by the American Association of State Highway and Transportation
Officials which has been approved by the Department for use in this state is
hereby adopted by reference. Each new edition shall be deemed approved by the Department
unless the edition is disapproved by the Department within 60 days after the
date of publication by the American Association of State Highway and
Transportation Officials. The Department will review each edition issued after
the 1994 edition to ensure its suitability for this state. The most recent
edition that has been approved by the Department may be obtained from the
Department of Transportation, 1263 South Stewart Street, Carson City, Nevada
89712, for the price of $13. There is no fee for the permit.

15. An installation of a mailbox or delivery
box for newspapers which does not comply with the provisions of this section is
an unauthorized encroachment.

16. The location and construction of
mailboxes must conform to the regulations of the United States Postal Service
and the Department.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

1. The Department may authorize direct
access from a freeway by a locked gate. The uses for the access must be
restricted to access for:

(a) The maintenance of a railroad or a facility of
a utility;

(b) Communications by a utility or governmental
agency for public safety;

(c) Microwave stations; or

(d) Agricultural purposes.

2. The Department will not authorize direct
access from a controlled-access route by a locked gate if:

(a) Local roads, even if more circuitous or
unimproved, provide access; or

(b) Access may be constructed from local roads at a
cost which is not prohibitive and in a manner which does not unreasonably
impair the environment.

3. The Department may, pursuant to an
agreement with the user of the locked gate, authorize direct access through a
locked gate if the Department determines that:

(a) The authorization is in the public interest;

(b) The safety, maintenance and use of the highway
would not be affected; and

(c) There is no other alternate access which may be
practicably obtained or developed.

4. The agreement must specify the user and
the authorized uses of the access. A motor vehicle may only use right turns to
gain access to the locked gate or highway. If possible, a motor vehicle that is
stopped so that an occupant of the motor vehicle may lock or unlock the gate:

(a) Must not cross the median;

(b) Must be parked off the roadway; and

(c) Must be parked outside of the clear zone.

5. The authorized user shall place his or
her lock on the locked gate and securely lock the gate when it is not in use.
The lock must be identified with the name of the user. If a user notices an
unauthorized or unidentified lock on the gate or any condition which would make
it impossible to lock the gate, the user shall report that condition to the
appropriate district engineer as soon as possible.

6. The Department will maintain a written
inventory of locked gates and authorized users and regularly review the gates
to ensure that they are being properly used and secured. The Department may
revoke the authorization of a user if the authorized user does not lock the
gate or fails to identify his or her lock.

(Added to NAC by Dep’t of Transportation, eff. 1-6-95;
A by R135-98, 10-3-2000)

ROADSIDE PARKS AND SAFETY REST AREAS

NAC 408.595Occupancy. (NRS 408.215, 408.275)Parking,
camping or occupancy in a roadside park or safety rest area is limited to 18
hours in any 2-week period.

NAC 408.600Control of animals. (NRS 408.215, 408.275)When not
confined in a vehicle, all animals in a roadside park or safety rest area must
be on a leash, halter or other appropriate restraining device and confined to
an area designated for animals.

1. Littering is not permitted in a roadside
park or safety rest area. Trash or garbage must be deposited in containers
provided by the Department of Transportation. The disposal of waste in these
containers is restricted to trash and garbage which is accumulated by persons
while the persons are traveling in vehicles or bicycling. The disposal of
garbage or trash from other sources is prohibited.

2. No wastewater may be disposed of in any
portion of a roadside park or safety rest area except in an area designated for
such a disposal.

NAC 408.651“Apparent successful proposer” defined. (NRS 408.100, 408.215, 408.5473, 408.548)“Apparent
successful proposer” means the proposer whose proposal for a transportation
facility is determined by the Department, on the basis of the criteria set
forth in the request for proposals, to be the highest ranked proposal of those
proposals submitted and with whom the Department undertakes to negotiate and
enter into a contract for the project.

(Added to NAC by Dep’t of Transportation by R172-09,
eff. 4-20-2010)

NAC 408.652“Competitive range” defined. (NRS 408.100, 408.215, 408.5473, 408.548)“Competitive
range” means a list of the highest ranked proposals, after the Department
evaluates and ranks each proposal against every other proposal using the
criteria for evaluation set forth in the Department’s request for proposals.

(Added to NAC by Dep’t of Transportation by R172-09,
eff. 4-20-2010)

NAC 408.654“Financial close” defined. (NRS 408.100, 408.215, 408.5473, 408.548)“Financial
close” means the stage in an agreement or transaction where the applicable
financing documents have been executed and all conditions to the commitment or
disbursement of funds have been satisfied or waived.

(Added to NAC by Dep’t of Transportation by R172-09,
eff. 4-20-2010)

NAC 408.656“Project” defined. (NRS 408.100, 408.215, 408.5473, 408.548)“Project”
means the planning, development, construction, financing, improvement,
maintenance or operation, or any combination thereof, of a transportation
facility, as defined by the Department pursuant to a request for
qualifications, a request for proposals or both, issued by the Department in
response to a solicited proposal or unsolicited proposal.

(Added to NAC by Dep’t of Transportation by R172-09,
eff. 4-20-2010)

NAC 408.658“Proposal” defined. (NRS 408.100, 408.215, 408.5473, 408.548)“Proposal”
means a written plan submitted to the Department by a person to plan, develop,
construct, finance, improve, maintain or operate, or any combination thereof, a
transportation facility.

(Added to NAC by Dep’t of Transportation by R172-09,
eff. 4-20-2010)

NAC 408.660“Proposer” defined. (NRS 408.100, 408.215, 408.5473, 408.548)“Proposer”
means a person who submits a solicited proposal or an unsolicited proposal to
the Department.

NAC 408.664“Shortlist” defined. (NRS 408.100, 408.215, 408.5473, 408.548)“Shortlist”
means to include a person on a list of persons who have submitted qualification
submittals that, based on an evaluation of their qualification submittals, are
identified by the Department as eligible to respond to the request for
proposals for a project.

2. Request or obtain additional information
concerning any proposer, any person who submits a qualification submittal, any
qualification submittal or any proposal from any source.

3. Modify or cancel any request for
qualifications or request for proposals at any time.

4. Modify the scope of the proposed project
drawn from an unsolicited proposal in order to issue a request for
qualifications or a request for proposals or for any other purpose that is, as
determined by the Department, in the best interest of the Department or of the
public. The Department may use proprietary information or intellectual property
contained in an unsolicited proposal as part of a request for proposals or request
for qualifications and may award a contract based on that request for proposals
or request for qualifications to a proposer other than the proposer who
submitted the unsolicited proposal.

5. Waive any minor deficiencies in a
qualification submittal or in a proposal.

6. Allow a person who submits a
qualification submittal or a proposal to correct minor deficiencies in or
clarify or supplement the qualification submittal or proposal.

7. Issue a new request for qualifications or
a new request for proposals at any time.

8. Reject any qualification submittal or any
proposal at any time.

9. Determine the elements, timing and depth
of any processing, review or evaluation of any qualification submittal or
proposal.

10. Terminate the processing, review or
evaluation of any qualification submittal or any proposal, whether solicited or
unsolicited, at any time.

11. Issue a request for qualifications for a
project drawn from an unsolicited proposal if the unsolicited proposal is
rejected or evaluation of the unsolicited proposal is terminated.

12. Suspend or terminate negotiations with
any proposer at any time before the execution of an agreement of the parties.

13. Negotiate with a proposer without being
bound to any provision in his or her proposal.

14. Negotiate with a proposer to include
aspects of unsuccessful proposals for that project in the successful proposal
and subsequent agreement or contract.

15. Negotiate with a subsequent proposer if
negotiations with the apparent successful proposer are unsuccessful or if
financial close with the apparent successful proposer does not occur, if
applicable.

16. Issue a request for best and final
offers.

17. Retain or return any portion of the fees
required to be paid by a proposer pursuant to NAC
408.678.

(Added to NAC by Dep’t of Transportation by R172-09,
eff. 4-20-2010)

NAC 408.672Qualifications for award of contract. (NRS 408.100, 408.215, 408.548)To
qualify for an award of a contract for a transportation facility pursuant to NAC 408.694, a proposer must:

1. Demonstrate that the proposer can procure
and maintain a performance bond and a payment bond or another type of
performance security that the Department may require;

2. Demonstrate that the proposer can obtain
general liability insurance and errors and omissions insurance that the
Department may require; and

3. Ensure, by the date that the contract is
awarded, that the proposer and any contractor, subcontractor or consultant of
the proposer possesses any license or certificate required of his or her
profession pursuant to the laws of this State.

3. After receiving a qualification
submittal, the Department will evaluate the qualification submittal in
accordance with the criteria set forth in the request for qualifications issued
by the Department.

4. During the evaluation of a person’s
qualification submittal, the Department may interview the person or request
clarification from the person concerning the qualification submittal.

5. The Department will provide written
notification to each person who submitted a qualification submittal informing
the person of whether he or she has been shortlisted.

6. After the Department evaluates all
qualification submittals for a particular project, the Department will
determine which of the persons who submitted the qualification submittals will
be shortlisted for the particular project. Persons who submitted qualification
submittals and who are shortlisted for a particular project may submit a
proposal for that project.

1. A person who submits an unsolicited
proposal must, at the same time as submitting the proposal, submit a fee for
the processing, review and evaluation of the proposal pursuant to NRS 408.5483.

2. The fee required pursuant to this section
will be set by the Department. The Department will determine a reasonable fee
for the processing, review and evaluation of an unsolicited proposal depending
on the typical complexity and cost of a transportation facility and the
estimated costs of the Department to review an unsolicited proposal.

3. The Department will publish the fee for
submitting an unsolicited proposal on its website at the Internet address http://www.nevadadot.com
or any successor website used by the Department to advertise projects. A
proposer must pay the fee that is published on the date that the proposer
submits the unsolicited proposal.

4. The Department may review and modify the
fee for submitting an unsolicited proposal as the Department deems appropriate.

1. If the Department receives an unsolicited
proposal which complies with the requirements of NRS 408.5475 and NAC 408.650 to 408.698,
inclusive, and the Department determines pursuant to NRS 408.5483 that the unsolicited
proposal identifies a transportation facility that serves a public purpose, the
Department may:

4. The Department may, when issuing a
request for qualifications or a request for proposals based on a transportation
facility set forth in an unsolicited proposal, modify the scope of the project
and issue the requests based on the modified scope.

5. The Department may require a proposer who
submits an unsolicited proposal to submit a qualification submittal or submit a
proposal, as applicable, in response to the Department’s request for
qualifications or request for proposals.

(Added to NAC by Dep’t of Transportation by R172-09,
eff. 4-20-2010)

NAC 408.682Unsolicited proposal: No appeal rights for proposer. (NRS 408.100, 408.215, 408.548)A person
who submits an unsolicited proposal that is modified or rejected by the
Department pursuant to NAC 408.650 to 408.698, inclusive, has no appeal rights. The
acceptance or use of all or part of an unsolicited proposal occurs at the
discretion of the Department and is not a right.

1. Except as otherwise provided in this
subsection, if the Department issues a request for qualifications pursuant to NAC 408.674 or a request for proposals pursuant to NAC 408.680, the Department will publish notice of its
request for at least 15 days after the Department issues its request in either
a newspaper of general circulation in this State or on the Department’s website
at the Internet address http://www.nevadadot.com or any successor
website used by the Department to advertise projects. The Department is not
required to publish a notice pursuant to this subsection if the Department issues
a request for proposals to persons who have been shortlisted.

2. A published notice of a request for
qualifications or a published notice of request for proposals must include,
without limitation:

(a) A description of the proposed project, which may
include modifications to a project drawn from an unsolicited proposal;

(b) A statement indicating how a person who submits
a qualification submittal or a proposer can obtain any available information
from the Department concerning the request for qualifications or request for
proposals, as applicable, including, without limitation:

(1) The location where the information may be
obtained;

(2) The days and times the information may be
accessible for inspection; and

(3) The type of information that may be
available, including the information described in subsection 3;

(c) The general evaluation method the Department
will use for the project; and

(d) The date and time on which qualification
submittals or a proposal must be submitted to the Department. The Department
will set such date at least 30 days after the date that notice of the request
is first published pursuant to subsection 1.

3. The Department will make available, at
the place and times set forth in the published notice of request for qualifications
or published notice of request for proposals, the following information for
inspection by a person who submits a qualification submittal or a proposal:

(a) A description of the extent to which any
designs required by the request must be completed;

(b) The requirements for any design and
construction of the project the Department determines to be necessary;

(c) A list of the criteria set forth in NRS 408.5483 that the Department
considers to determine whether a transportation facility serves a public
purpose;

(d) A list of the criteria the Department will use
to evaluate a qualification submittal or a proposal, including, without
limitation:

(1) The relative weight to be assigned to each
criterion; and

(2) Whether the criteria that are not related
to costs are, when considered as a whole, more or less important or worth more
or less weight in the evaluation than criteria related to costs; and

(e) A statement as to whether a person who has been
shortlisted or who submits a proposal will be partially reimbursed for costs
associated with preparing the proposal and preparing a best and final offer, if
applicable. If the Department determines that partial reimbursement will be provided,
the Department will include in the statement required by this section and in
the request for proposals:

(1) An estimate of the amount of the
reimbursement;

(2) The circumstances under which such a
person is qualified to be reimbursed; and

1. The Department will conduct an evaluation
of a proposal consistent with the criteria for evaluation set forth in the
Department’s request for proposals. The evaluation may include a review of:

(a) The technical aspects of the proposal,
including, without limitation, the proposer’s approach to performing the scope
of services required by the project;

(b) The financial aspects of the proposal,
including, without limitation, the price of the project and any financial plan
or financial models of the proposer; and

(c) Any other criteria the Department determines
are appropriate for the particular project.

2. The evaluation of a proposal must include
a verification by the Department that the proposal satisfies the requirements
of subsection 1 of NRS 408.5483.
The Department is not required to evaluate the proposal if the Department
determines that the proposal:

(a) Is not responsive because it does not meet the
requirements of subsection 1 of NRS
408.5483 or the provisions of NAC 408.650 to 408.698, inclusive; or

(b) Otherwise does not adequately respond to the
request for proposals.

3. In evaluating a proposal, the Department
may use any evaluation method the Department determines to be appropriate for
the particular project, including, without limitation, a best value, low bid or
lowest adjusted cost method. The method the Department will use for each
project must be described in the request for proposals for that project.

4. The Department may hold meetings or
discussions with a proposer during the proposal process, including, without
limitation, individual meetings with a proposer or joint meetings with multiple
proposers. The Department may request clarifications or interview a proposer in
connection with the evaluation of the proposal.

5. After reviewing the proposals submitted
for the project and any clarifications or additional information provided by a
proposer pursuant to subsection 4, the Department may:

(a) Rank each responsive proposal submitted using
the criteria set forth in the request for proposals, with the highest ranked
proposal as the apparent successful proposal, and the next highest ranked
proposal as the second best proposal, and so on, for each proposal;

(b) Reject all proposals;

(c) Request a best and final offer from a proposer
pursuant to NAC 408.688; or

(d) Take any other action, including, without
limitation, any action set forth in NAC 408.670 or
in the request for proposals.

1. The Department may issue a request for
best and final offers if the Department determines that:

(a) No proposal received by the Department:

(1) Is responsive to the request;

(2) Serves a public purpose; or

(3) Satisfactorily achieves the goals and
needs of the project for any reason, including, without limitation, the
proposals received:

(I) Are not cost effective;

(II) Exceed budget amounts or cost
estimates; or

(III) Identify technical or scope
ambiguities in the request for proposals; and

(b) A request for best and final offers may result
in the submission of a satisfactory proposal.

2. The Department may issue a request for
best and final offers to:

(a) Each proposer who submitted a proposal for the
project; or

(b) Only those proposers who submitted responsive
proposals or proposals within a competitive range.

3. The Department may, when preparing a
request for best and final offers:

(a) Hold individual or joint meetings or
discussions with proposers concerning the project;

(b) Modify the scope of the project;

(c) Modify the terms of any contract;

(d) Revise the estimates of costs of the project;
or

(e) Revise the criteria for evaluation of the
proposals and the relative weight assigned to each criteria.

4. A request for best and final offers
issued by the Department must set forth the date and time on which best and
final offers must be submitted to the Department.

5. After receiving submissions of best and
final offers, the Department will evaluate the best and final offers in the
same manner as the Department evaluates a proposal, including, without
limitation, refusing to review a nonresponsive best and final offer, holding
individual meetings with a proposer or joint meetings with multiple proposers
and requesting clarifications or interviewing a proposer concerning the
proposal.

6. After reviewing the best and final offers
submitted for the project and any clarifications or additional information
provided by a proposer pursuant to subsection 5, the Department may:

(a) Rank each responsive best and final offer
submitted, with the highest ranked offer as the apparent successful proposal,
and the next highest ranked offer as the second best proposal, and so on, for
each offer;

(b) Reject all best and final offers; or

(c) Take any other action, including, without
limitation, any action set forth in NAC 408.670 or
in the request for proposals.

1. Except as otherwise provided in this
section, the Department and its agents, officers or employees are not liable
for reimbursing any proposer for the costs incurred by the proposer in
developing or negotiating a proposal.

2. The Department may partially reimburse
the unsuccessful proposers who submitted a responsive proposal, or any other
person as set forth in the request for proposals, if partial reimbursement was
provided for in the request for proposals pursuant to paragraph (e) of
subsection 3 of NAC 408.684.

3. The amount of such reimbursement must not
exceed, for each unsuccessful proposer or other person:

(a) Three percent of the total capital cost of the
project, as estimated by the Department, if construction is part of the scope
of the project; or

(b) Three percent of the total project cost, as
estimated by the Department.

4. Any reimbursement made pursuant to this
section is payable in the manner set forth in the request for proposals but,
notwithstanding the request for proposals, is payable not later than the
execution of the contract or financial close, whichever occurs later.

1. After determining the apparent successful
proposer pursuant to NAC 408.686 or 408.688, the Department will attempt to negotiate a
contract for the transportation facility with the apparent successful proposer.

2. If the Department cannot negotiate a
satisfactory contract, as determined by the Department, with the apparent
successful proposer, the Department may suspend or end negotiations with that
proposer by notifying the proposer in writing of the Department’s decision to
suspend or end negotiations.

3. If the Department suspends or ends
negotiations with the apparent successful proposer, the Department may initiate
negotiations with the proposer who was ranked as the next best proposer during
the evaluation process. The Department may repeat the process of suspending or
ending negotiations and beginning a negotiation with the next successful
proposer until the Department can reach a satisfactory contract or until the
Department has attempted to negotiate with every proposer which the Department
ranked during the evaluation process.

4. If the Department successfully negotiates
a contract with a proposer, the Department will hold a public hearing to:

(a) Review and ratify the selection of the proposer
and the contract. Ratification of a contract requires approval by the
Department and execution of the contract by the Chair of the Board.

(b) Make available to the public a summary setting
forth the criteria used by the Department to select the successful proposer and
the ranking of the proposers who submitted proposals and best and final offers,
if applicable. The Department will not release to a third party, or otherwise
make public, any financial information submitted by a proposer.

(c) Specify an amount that is the maximum amount
the Department will pay for the performance of all the work required by the
contract, excluding any amount related to costs, charges, compensation or fees
that may be incurred as a result of termination of the contract or such events,
conditions or circumstances as authorized by the contract.

2. A proposer to whom a contract is awarded
pursuant to NAC 408.650 to 408.698,
inclusive, has overall responsibility for ensuring that the scope of work set
forth in the contract is completed in a satisfactory manner.

3. A contract awarded pursuant to NAC 408.650 to 408.698,
inclusive, is not effective unless and until it is ratified pursuant to
subsection 4 of NAC 408.692.

(Added to NAC by Dep’t of Transportation by R172-09,
eff. 4-20-2010)

NAC 408.696Authority of Department upon executed contract: Authorization of
licensing, permits, approvals or participation of other entities; oversight and
review by Department. (NRS 408.100, 408.215, 408.5473)The
Department may authorize a successful proposer with whom the Department
executes a contract to seek licensing, permits, approvals or the participation
of other governmental or private entities to complete the project, subject to
such oversight and review by the Department as the contract or any other
separate agreement for services provides.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

NAC 408.701“Attraction” defined. (NRS 408.215, 408.557, 410.400)“Attraction”
means a service or activity provided by a business primarily for tourists that
may include, without limitation, entertainment and cultural, historical,
recreational and educational activities.

NAC 408.708“District engineer” defined. (NRS 408.215, 408.557, 410.400)“District
engineer” means the supervisor or head of a district office of the Department.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.710“Exiting terminal” defined. (NRS 408.215, 408.557, 410.400)“Exiting
terminal” means any roadway by which traffic may leave the main traveled way of
an expressway or freeway in order to reach the general system of roads.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.712“Expressway” defined. (NRS 408.215, 408.557, 410.400)“Expressway”
means a divided arterial highway for through traffic with full or partial
control of access and generally with grade separations at major intersections.

NAC 408.716“Highway” defined. (NRS 408.215, 408.557, 410.400)“Highway”
means a public way for purposes of vehicular travel, including the entire area
within the right-of-way.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.718“Interchange” defined. (NRS 408.215, 408.557, 410.400)“Interchange”
means a system of interconnecting roadways, in conjunction with one or more
grade separations, for the movement of traffic between two or more roadways on
different levels.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.720“Intersection” defined. (NRS 408.215, 408.557, 410.400)“Intersection”
means the general area where two or more roadways join or cross.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.722“Main traveled way” defined. (NRS 408.215, 408.557, 410.400)“Main
traveled way” means that portion of a roadway used for the movement of traffic,
but does not include a frontage road, entering and exiting terminals and areas
for parking.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.724“Panel” defined. (NRS 408.215, 408.557, 410.400)“Panel”
means a rectangular board or sheet which contains the legend “ATTRACTION,”
“GAS,” “FOOD,” “LODGING” or “CAMPING,” each of which may contain directional
information, one or more business signs or any combination thereof. A panel is
commonly referred to as a sign panel or sign assembly.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

NAC 408.726“Qualified business” defined. (NRS 408.215, 408.557, 410.400)“Qualified
business” means a business furnishing an attraction, gas, food, lodging or
service for camping to the traveling public.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

NAC 408.728“Responsible operator” defined. (NRS 408.215, 408.557, 410.400)“Responsible
operator” means a person who owns or manages a qualified business who has the
authority to apply for the placement of a business sign.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.730“Roadway” defined. (NRS 408.215, 408.557, 410.400)“Roadway”
means the portion of a highway, including shoulders, for vehicular use and, for
a divided highway, is that portion provided for traffic moving in one
direction.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.732“Rural area” defined. (NRS 408.215, 408.557, 410.400)“Rural
area” means an area of the State whose population is 20,000 or less.

1. Panels must be installed primarily in
rural areas where services to motorists are available, but if the Department
determines that the terrain or relocation of a business indicates a need for
panels in an urban area in order to direct properly the traveling public,
panels may be installed within that area.

2. Panels must be located so as to take
advantage of natural terrain, to minimize the impact on the scenic environment
and to avoid visual conflict with other signs along the roadway.

3. Not more than four panels may be
installed along an approach to an exiting terminal.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

NAC 408.746Order of placement. (NRS 408.215, 408.557, 410.400)The
panels for each type of available service or activity from qualified businesses
must be placed on the main traveled way so that the traveling motorists, while
proceeding in the direction of traffic, encounter the panels in the following
order, starting from the panel farthest from the exiting terminal:

1. Attraction;

2. Camping;

3. Lodging;

4. Food; and

5. Gasoline.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

1. Except as otherwise provided in this
section, a single panel for each type of service or activity offered by a
business for an attraction, camping, lodging, food or gasoline must be erected
in advance of an interchange or intersection in each direction of traffic. A
combination of not more than three types of services or activities may be
placed on a single panel, if space is available. Any such combination must be
approved by the Traffic Engineer.

2. Not more than six business signs may be
displayed on a panel.

3. The Department may limit the number of
panels that may be erected at an interchange in an urban area to one panel to
ensure that the installation of panels in the area complies with the
requirements for spacing prescribed in the Department’s Manual on Uniform
Traffic Control.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

Business Signs: Type of Service and Qualifications of
Service

NAC 408.750Types of services or activities for which business signs may be
displayed on panel. (NRS 408.215, 408.557, 410.400)The type
of service or activity for which a business sign may be displayed on a panel is
limited to providing an attraction, gasoline, food, lodging or space for
camping. Each type of service or activity must satisfy the applicable criteria
set forth in NAC 408.751 to 408.758,
inclusive, to qualify for a business sign.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

NAC 408.751Qualifications of service: Providing attraction. (NRS 408.215, 408.557, 410.400)If the
type of service or activity of a qualified business is providing an attraction,
the qualified business must:

1. Be open to all persons regardless of age,
race, religion, color, sex or national origin;

2. Comply with all federal, state and local
statutes, regulations and ordinances pertaining to health, sanitation,
accessibility and safety at public accommodations;

3. Provide adequate parking; and

4. Be located not more than 3 miles from an
exiting terminal.

(Added to NAC by Dep’t of Transportation by R134-98,
eff. 12-17-2001)

NAC 408.752Qualifications of service: Selling gasoline. (NRS 408.215, 408.557, 410.400)If the
type of service is selling gasoline, it must:

1. Provide services for vehicles, including
fuel, oil, repair of tires and water;

2. Have restrooms and drinking water;

3. Be in continuous operation for at least
12 hours per day for 7 days a week;

4. Provide telephone service; and

5. Be licensed, where required, as a service
or facility for selling gasoline.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.754Qualifications of service: Providing food. (NRS 408.215, 408.557, 410.400)If the
type of service is providing food, it must:

1. Be licensed, where required, as a service
or facility where food is served;

2. Be in continuous operation for the daily
serving of noon and evening meals for 7 days a week;

3. Provide telephone service; and

4. Be in the primary business of providing
prepared meals.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.756Qualifications of service: Providing lodging. (NRS 408.215, 408.557, 410.400)If the
type of service is providing lodging, it must:

1. Be licensed, where required, as a service
or facility for lodging;

2. Have adequate sleeping accommodations;
and

3. Provide telephone service.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.758Qualifications of service: Providing space for camping. (NRS 408.215, 408.557, 410.400)If the
type of service is providing space for camping, it must:

1. Be licensed, where required, as a service
or facility for camping;

2. Have adequate parking;

3. Have drinking water; and

4. Have modern sanitary facilities.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.760Location of qualified business. (NRS 408.215, 408.557, 410.400)Except
as otherwise provided in NAC 408.751 and 408.800, a qualified business must be located within 1
mile of an interchange or intersection, measured by the distance from the
center point of the interchange or intersection to the nearest point of
convergence of the driveway of the business with a highway.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

1. If a qualified business is not visible
from any part of the exiting terminal, a supplemental panel must be placed on
the exiting terminal at such location as will serve best the motoring public
and will be compatible with traffic safety.

2. If a qualified business is visible from
any part of the exiting terminal, a supplemental panel may be placed on the
exiting terminal at such location as will serve best the motoring public and
diminish hazards to traffic or to minimize confusion because of the complexity
of a particular interchange.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

Design and Contents of Panels, Business Signs and
Trailblazers

NAC 408.764Panels: Design of borders and size. (NRS 408.215, 408.557, 410.400)A panel
must have a blue background with a white border which is reflectorizing. The
size of the panel must not exceed the minimum size necessary to accommodate the
maximum number of allowable business signs using the specifications in NAC 408.766 to 408.792,
inclusive. For matters not specified, the panel must comply with the
Department’s Manual on Uniform Traffic Control Devices.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.766Design of business signs. (NRS 408.215, 408.557, 410.400)A
business sign must have a blue background with a white legend and a white
border. The principal legend must be at least equal in height to the
directional legend on the panel. If only a trade name is used on a business
sign, the border may be omitted. The business sign must be reproduced in the
color and shape consistent with customary use. Any internal legend must be
proportionately sized to the principal legend on the panel.

1. Directional arrows and directional
legends used on a panel must reflectorize and must be white.

2. Any trade name resembling an official
device for controlling traffic must not be placed on a panel.

3. The spaces between business signs on a
panel must not exceed 8 inches in height and 12 inches in width.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.770Required contents of panels and supplemental panels. (NRS 408.215, 408.557, 410.400)Panels
and supplemental panels must bear the legend “ATTRACTION,” “GAS,” “FOOD,”
“LODGING” or “CAMPING,” as applicable, and one or more horizontal rows of
business signs, with a directional arrow as appropriate.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

NAC 408.772Trailblazers: Placement and lettering. (NRS 408.215, 408.557, 410.400)A
trailblazer may be installed at the intersection of state highways or at the
intersection of a state highway and a county road or city street if the
trailblazer can be placed on the state highway’s right-of-way. The lettering on
a trailblazer must conform to the requirements of the Department’s Manual on
Uniform Traffic Control Devices.

NAC 408.776Location of panel. (NRS 408.215, 408.557, 410.400)Each
panel must be erected between the previous intersection or interchange and no
less than 800 feet in advance of the exiting terminal at the interchange or the
intersection from which the services of a qualified business are available.
There must be at least 800 feet between each panel.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.778Restrictions on location of panel. (NRS 408.215, 408.557, 410.400)A panel
must not be erected at an interchange or intersection where the motorist cannot
conveniently reenter the freeway and continue in the same direction of travel,
at interchanges between a freeway and an expressway or at an interchange
between freeways. If there is a business loop, the panel may be placed at the
interchange or intersection closest to the qualified business. If the business
is at a point halfway between an intersection or an interchange, the
responsible operator may select the intersection or interchange for the
placement of the business sign.

1. At an interchange with a single exit
where qualified businesses are not visible from the exiting terminal,
supplemental panels must be installed along the exiting terminal and may be
provided along the crossroad. Supplemental panels must be duplicates of the
panels located along the main traveled way but reduced in size. The
supplemental panels must specify the distance to the business and have
directional arrows instead of words. The minimum height for lettering on the
supplemental panel is 4 inches and any legend on a business sign on the panel
must be proportionately sized.

2. Supplemental panels may also be used on
exiting terminals and crossroads at interchanges with double exits.

1. At an interchange with a single exit, the
type of service or activity followed by the number of the exit must be
displayed on a panel in a single line above the business signs. At an
interchange which is not numbered, the directional legend “NEXT RIGHT” or “NEXT
LEFT” must be substituted for the number of the exit.

2. At an interchange with double exits,
panels must consist of two sections, one for each exit. The top section must
display the business sign for the first exit, and the lower section must
display the business sign for the second exit. The type of service or activity
followed by the number of the exit must be displayed on the panel in a single
line above the business signs in each section. At an interchange which is not
numbered, the directional legends “NEXT RIGHT” or “NEXT LEFT” or “SECOND RIGHT”
or “SECOND LEFT” must be substituted for the number of the exit. If a panel for
a type of service or activity is to be placed at only one exit, one section of
the sign panel may be omitted or a panel used for an interchange with a single
exit may be used.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

NAC 408.786Size of business signs. (NRS 408.215, 408.557, 410.400)Each
business sign, including the border, displayed on a panel must be contained
within a 48-inch-wide and a 36-inch-high rectangular area.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

NAC 408.788Lettering on panels. (NRS 408.215, 408.557, 410.400)The
directional legend on a panel and all letters used to depict the type of
service must be in 10-inch capital letters. Numbers must be 10 inches in
height.

1. Each panel must be erected between
intersections and no less than 300 feet in advance of the intersection from
which the service of a qualified business is available. The spacing between
panels and between panels and other devices for controlling traffic must be
determined on the basis of an engineering study by the Department. Business
signs must not be displayed for any business that is visible from a point, 300
feet from the intersection, on the main traveled way.

1. If
the Department desires to place business signs on a new panel, the Department
or its contractor will do the following:

(a) Accept applications for a period of 30 days
after the date specified by the Department or contractor.

(b) If the number of applications received within
the 30-day period exceeds the maximum number of available spaces for business
signs on any single panel, base the order of ranking on the proximity of each
qualified business to the interchange, giving preference to the qualified
business located closest to the terminus of the off ramp.

2. When six or more qualified businesses
apply to display a business sign for an attraction on a panel, the Department
or its contractor may establish a fee applicable to the specific area where the
business sign will be displayed which reflects the market value for a sign in
that area.

3. As used in this section, “contractor”
means a person who enters into a contract with the Department to administer a
program for erecting signs for specific services or activities as authorized by
the Department’s Manual on Uniform Traffic Control Devices.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86;
A by R134-98, 12-17-2001)

1. The responsible operator of a business
must submit an application on a form specified by the Department and pay the
appropriate fees for the first year. The applicant shall state the necessary
number of business signs that will be affixed to the panel or, where
applicable, the supplemental panel or trailblazer.

2. Each applicant shall provide written
assurance at the time of application that the applicant will comply with all
applicable laws respecting public accommodations and providing service without
regard to race, religion, color, gender or national origin.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.800Acceptance of applications of businesses located more than 1 mile
from interchange or intersection. (NRS 408.215, 408.557, 410.400)

1. If there are not enough businesses
serving motorists located within 1 mile from the interchange or intersection
submitting applications for the placement of a business sign on a panel,
applications may be submitted to the Department from other businesses which are
located up to 3 miles from the interchange or intersection being considered.

2. If there are still not enough businesses
submitting an application in the first 3 miles, applications from other
businesses which are located more than 3 miles and up to 6 miles from the
interchange or intersection being considered may be submitted to the
Department. The Traffic Engineer may consider the application upon showing by
the applicant that the business can be easily located and additional panels,
other than a supplemental panel or trailblazer, would not be necessary to
direct the traveling public to the business.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.802Approval of application by Traffic Engineer. (NRS 408.215, 408.557, 410.400)The
Traffic Engineer shall approve an original application or application for
renewal if he or she determines that the applicant’s business complies with the
criteria for the placement of a business sign on a panel.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.804Denial of application by Traffic Engineer. (NRS 408.215, 408.557, 410.400)An
application of a business which meets all of the requirements for eligibility
for placement of a business sign may be denied by the Traffic Engineer if he or
she determines that adequate direction to the business cannot be given by a
reasonable number of allowable supplemental panels or trailblazers.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.806Duration of approval; renewal. (NRS 408.215, 408.557, 410.400)Any
approval of a new application or an application for renewal entitles the
applicant to the placement or continuance of its business sign on a particular
panel for 12 months after date of installation of the business sign on the
panel. If the responsible operator wants to continue the placement of a
business sign on a panel, he or she must submit an application for renewal 30
days before the expiration of the 12-month period. Eligibility of a qualified
business for continued placement of its business sign on a panel must be
reviewed by the Traffic Engineer before granting or denying the application for
renewal using the same criteria as for the initial application. Prior notice of
the deadline for renewal may be provided by the Department to the responsible
operator.

1. The Department will notify the successful
applicant of the approval of his or her application so that he or she has
adequate time to furnish the Department with the necessary number of business
signs.

2. Upon approval of an application, the
Traffic Engineer shall notify the district engineer and provide him or her with
the information necessary for the installation of the business signs on the
panel and, if necessary, the erection of a supplemental panel or trailblazer.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.810Cancellation of application. (NRS 408.215, 408.557, 410.400)The
Traffic Engineer may cancel the application if the applicant has not timely
provided the Department with the necessary number of business signs or if the
business signs do not comply with the requirements for placement on a panel.

1. A supplemental sign with the legend
“DIESEL” may be placed on a panel underneath the legend “GAS” if the qualified
business has diesel fuel available during its hours of operation. In order to
have a sign for diesel fuel installed, the qualified business must submit an
application, along with the appropriate fees, on a form approved by the Department.

2. The sign must be 36 inches wide and 7
inches high. The color must be blue, with white letters that are 5 inches high.
The sign for diesel fuel must be furnished and installed by the Department, and
the Department must maintain and replace the sign when it becomes damaged or
worn.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

Removal of Business Sign From Panel

NAC 408.814Circumstances requiring removal. (NRS 408.215, 408.557, 410.400)The
business sign of a qualified business must be removed from a panel and may be
replaced by the business sign of another qualified applicant if the qualified
business:

1. Does not substantially comply with the
requirements of NAC 408.750 to 408.758, inclusive;

2. Closes its business for more than 7
consecutive days or for more than a total of 10 days during any 12-month
period, unless the closure was beyond the control of the responsible operator
or was compelled by justifiable circumstances;

3. Fails to comply with subsection 2 of NAC 408.798, unless the responsible operator promptly
assures the Traffic Engineer that the infraction will not recur; or

4. Allows the business sign to become
obsolete.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.816Temporary removal. (NRS 408.215, 408.557, 410.400)If, as a
result of fire, accident or similar occurrence, a qualified business becomes
inoperable for a period of time which exceeds 7 days but is not more than 90
days, its business sign must be temporarily removed from all panels. The
business is not required to reapply before the normal time for application for
renewal. The Traffic Engineer may grant an extension for good cause, as shown
by the responsible operator, but the failure of the responsible operator to
proceed with the necessary repair of the qualified business as rapidly as
possible may jeopardize the continued placement of the business sign on a panel
and the Traffic Engineer may require the responsible operator to submit a new
application.

1. If the responsible operator receives two
notices of noncompliance with NAC 408.700 to 408.828, inclusive, and does not comply, the business
sign must be removed from the panel, supplemental panel or trailblazer.

2. A business sign may also be removed if
the responsible operator requests the:

(a) Temporary removal because of the temporary or
seasonal nature of his or her particular business; or

(b) Removal of the business sign from the panel, supplemental
panel or trailblazer.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

NAC 408.820Loss of order of priority of qualified business. (NRS 408.215, 408.557, 410.400)Upon the
removal of a business sign, the qualified business loses its order of priority
in the ranking for placement of a business sign unless:

1. It corrects the deficiency before the
acceptance of another applicant by the Traffic Engineer; or

2. The removal of the business sign is
temporary pursuant to NAC 408.816.

(Added to NAC by Dep’t of Transportation, eff. 9-16-86)

Miscellaneous Provisions

NAC 408.822Inspection by Department. (NRS 408.215, 408.557, 410.400)The
Department will inspect the panels, supplemental panels and trailblazers for
business signs that are not securely attached.

1. An applicant shall submit a nonrefundable
fee established by the Department with his or her application for a business
sign or application for renewal.

2. The Department will establish and assess
the following fees:

(a) An annual fee for rental for placement of a
business sign on a panel, supplemental panel or a trailblazer, payable within
20 days after notification to the applicant of the approval of his or her
application or renewal.

(b) If an applicant requests and qualifies for a
sign for diesel fuel, an additional annual fee for rental for each such sign.

(c) A fee for installation of each business sign
and sign for diesel fuel, payable within 20 days after notification to the
applicant of the approval of his or her application.

(d) After the Department removes, even temporarily,
a business sign from a panel, supplemental panel or trailblazer, a fee against
the responsible operator for removal of each business sign.

(e) If a business sign is reinstalled after its
removal, a fee for the reinstallation of each business sign.

1. If a business sign has been removed from
a panel, supplemental panel or trailblazer, the unused portion of the prepaid
annual fee for rental must be refunded to the responsible operator, unless the
business sign is temporarily removed under the provisions of subsection 2 of NAC 408.818.

2. If a Traffic Engineer cancels an
application pursuant to NAC 408.810, the Department
will refund the unused portion of the prepaid annual fee for rental to the
responsible operator.

1. Any person aggrieved by a decision of the
Traffic Engineer may appeal that decision in writing to a hearings officer of
the Department appointed by the Director. The request for an appeal must be
made within 15 working days after the decision is rendered.

2. Within 30 working days after the hearings
officer receives the request for appeal, a prehearing conference must be held,
involving the person requesting the appeal, the district engineer, the Traffic
Engineer and one other officer of the Department designated by the Director.

3. A hearing must be held before the
hearings officer 45 days after the hearings officer receives the request for
appeal if the matter has not been resolved through a prehearing conference.